Chennai: Pulling up the authorities for their failure to protect the properties of the temples, the Madras high court has directed the commissioner of HR & CE to conduct enquiries and initiate all appropriate actions against the encroachers, illegal occupants, land grabbers, land mafias, who all are in illegal possession and enjoyment of the properties, belonging to the religious institutions/trusts/endowments/temples.
“The commissioner, HR & CE, on identifying the encroachments, illegal occupations and the land grabbings, is directed to initiate immediate action for eviction of all the illegal occupants, encroachers and the land grabbers in respect of the properties belonging to the religious institutions across the State”, said Justice S.M. Subramaniam.
The judge disposed of a petition from Sri-la-Sri Sathyagnana Mahadeva Desiga Paramachariya Swamigal, Adheenakarthar of Velakurichi Adheenam Thirupugalur and hereditary trustee of Abisheka Kattalai and Annadhana Kattalai Sri Thyagarajaswamy Temple, Thiruvarur, which challenged a proceeding of the executive officer of the temple.
The judge also directed the commissioner, HR & CE to constitute special committees, consisting of the officials with proven integrity to ascertain all such illegalities, irregularities and corrupt activities of various officials of the HR & CE department, and conduct enquiries and based on the inputs of such committees or the competent authorities, the Commissioner, is bound to initiate appropriate prosecution under the Criminal law and also the disciplinary proceedings under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
The Commissioner, HR & CE is directed to upload and publish the details of the lessees, their particulars, lease period and the rent fixed in respect of all the movables and immovable properties belonging to all the religious institutions/endowments/temples/trusts, across the state in the official website of the HR & CE department within a period of three months, the judge added.
The judge also directed the commissioner, HR & CE to upload the list of defaulters of payment of rent and the persons, who all are in unlawful occupation of the temple lands and the persons, who all are in occupation of the lands without any valid license or permission in the official website within three months.
“All the civil courts across the state are directed to verify the civil suits instituted against the orders passed under section 34-A or 34-B or 34-C of the HR & CE Act and accordingly hear the suits expeditiously and dispose of the same without any lapse of time in the light of section 34-D of the HR & CE Act.
The Registrar General of Madras high court is directed to communicate the copy of this order to all the civil courts across the state, enabling them to consider the express bar of jurisdiction of civil courts as contemplated under the Act in respect of the suits instituted and pending”, the judge added and posted the matter to January 23, 2019 for reporting compliance.
