In a significant legal development, the Madras High Court’s Division Bench ordered the eviction of Amali Girls Higher Secondary School in Vickramasingapuram, Ambasamudram taluk, Tirunelveli district, for encroaching on 11 acres of Hindu temple land since 1990. The court’s well-reasoned judgment, delivered on 4 December 2023, marks a crucial step in restoring the rightful ownership of the land to the trust ‘Pillayan Arthjama Kattalai,’ falling under the supervision of the Hindu Religious and Charitable Endowment (HR&CE) department.
I got to know of this good news only today – on 25th December –
A Christian School was encroaching a Hindu Endowment Land (11 acres) since 1990 – the school illegally constructed super structures in this agricultural land
It was paying a pittance – Rs.2000/- per… pic.twitter.com/AzP21aA9Ms
— trramesh (@trramesh) December 25, 2023
The legal battle dates back to 2011 when devotee M. Mariappan brought the encroachment issue to the attention of the High Court bench. Following the court’s directive, the HR&CE took cognisance of the matter, and the then commissioner, J Chandrakumar, instructed the joint commissioner (JC) in the Tirunelveli region to address the encroachment and return the land to the trust.
As reported in 2013 in the Times of India, the HR&CE JC, M. Anbumani, passed an eviction order in 2013, citing the school’s unauthorised use of the land for non-agricultural purposes and the construction of buildings. The school had initially leased the land for cultivation in 1989, with an annual rent fixed at a nominal amount of ₹2,000. However, it failed to adhere to the terms of the agreement, leading to the HR&CE’s decision to reclaim the land.
Despite the legal proceedings, the school challenged the eviction order, prompting the high court to grant a status quo for three weeks, citing potential disruptions to students. The judgement was delivered after the status quo period ended on 19 September 2013 reaffirming the HR&CE’s authority to reclaim the encroached land.
The trust, ‘Pillayan Arthjama Kattalai,’ oversees charitable activities and poojas to the deity ‘Papanasar’ at the renowned Papanasam Sivan temple on the banks of the Tamirabarani River in Tirunelveli. The revenue generated from leasing the land, including to the school, supports these activities. However, the meagre annual rent of ₹5,000 paid by the school for eleven acres, significantly below the market value, raised concerns among the public and affected the execution of poojas to the deity.
The Division Bench’s order for eviction, while upholding the interest of the students for the current academic year, provides a resolution to the prolonged legal battle and sends a clear message against encroachments on religious and endowment lands. The deadline for eviction has been set for 31 March 2024, taking into account the welfare of the students too.
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