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“Government officials shall not hesitate to invoke the provisions of the Goondas Act against professional land grabbers involved in encroachment of the temple properties,” directed Madras High Court on Wednesday hearing a matter pertaining to land encroachment of Sri Audikesava Perumal Peyalwar Devasthanam Temple at Mylapore.

The Bench of Justice S.M.Subramaniam held,

“In some cases, actions may be required under the HR & CE Act and in other cases, serious actions under the criminal law are required. In extreme cases, the provisions of the Goondas Act is to be invoked by the Police based on the facts to facts basis.”

The court directed the same stressing that the deity at the temple is ‘minor’, therefore, it is the duty of the Court to ensure that the 'Deity' does not suffer. “The Courts should be astute to protect the interests of an idol in any litigation,” Court observed.

The court was hearing a petition filed by one Trustee of Sri Audikesava Perumal Peyalwar Devasthanam Temple, who challenged the suspension orders issued by the Secretary to Government, Tourism, Culture, Religious Endowments Department.

He claimed that the orders are not in consonance with the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Rules. His raised his contention against the department’s action that even when he assumed the charges as Head trustee / Chairman, there were certain irregularities in dealing with the temple properties. Certain encroachments were made prior to his appointment as trustee, he alleged.

However, State submitted that all five trustees have been suspended for the purpose of conducting an enquiry of the irregularities in a free manner.

Following submission of both the parties, the Court said that raising allegations and counter-allegations between the trustees and the HR & CE Department, is one aspect of the matter, but the foremost important aspect is that the public interest in respect of religious institutions must be of paramount importance.

Accordingly, to protect the interest of the temple administration and its properties, Court issued multiple directions.

Court directed the State officials to appoint an Enquiry Officer, not below the rank of the Joint Commissioner of HR & CE Department immediately to conduct an enquiry into the present issue. 

The trustees of Sri Audikesava Perumal Peyalwar Devasthanam temple were also directed to co-operate with the department for completion of enquiry, expeditiously.

Court also issued direction for publication in respect of all the temples across the State of Tamil Nadu widely in the newspapers, calling upon the encrochers / illegal occupants etc., to surrender the possession of all such properties voluntarily before the competent authorities within a stipulated period.

Failing which, Court directed for stern actions to be initiated against all such encroachers/ illegal occupants/offenders etc., under the relevant provisions of the Act and Penal Laws, how so ever high they are.

Court added that where actions under the provisions of the Goondas Act are warranted, appropriate action through the Police Department are to be initiated.

Court also directed to constitute a “Special Cell”, consisting team of officials with integrity and devotion to duty for the purpose of monitoring the actions initiated for the retrieval of temple properties, funds, jewelleries etc.

Court said that so constituted “Special Cell” shall have separate Telephone / Mobile Numbers and such numbers that must be displayed in all the temples and in the offices of the HR & CE Department, so that the general public / devotees can easily register their complaints.

Court further directed the Director General of Police to provide all the necessary protections to the Government officials and the officials engaged by the HR & CE Department to perform the works.

With all the above directions, the writ petition was partly allowed quashing the suspension order of the petitioner trustee.

Case Title: N.C. Sridhar v. The Secretary to Government, Tourism, Culture, Religious Endowments Department