In a significant ruling, the Madras High Court has set aside an order by the Hindu Religious and Charitable Endowments (HR&CE) Department that forcibly took possession of a community building in Salem, directing the department to immediately return the property to the Sri Natarajar Thuluva Vellalar Samudyakudam association.
Justice PB Balaji, in his order pronounced today, strongly criticized the HR&CE department for its “highhanded” actions, noting that it dispossessed the petitioner association despite a pending court-directed enquiry into the very status of the building.
The legal battle centered around a property at 1A, Ezhuthukara Street, Shevapet, Salem. The petitioner association argued that the two-story building, used as a hall and dining space for community functions, was over 100 years old, built on donated land, and housed no idol or formal place of worship. They contended it was a community hall, not a religious institution.
The HR&CE Department, however, claimed the property, listed in its ‘ITMS’ software for temple properties, was a public religious institution. It appointed a “fit person” in 2020 and a trustee in 2023, culminating in an order dated 3 December 2024, that formed a committee to take over the building and hand it to the appointed trustee. The department subsequently used police aid to forcibly take possession.
The court found the department’s actions premature and unsustainable. Justice Balaji highlighted that a previous court order (dated 18 March 2024) had directed the HR&CE Joint Commissioner to first conclusively determine the religious nature of the institution via a pending application (O.A.No.2 of 2024) under Section 63(a) of the HR&CE Act.
“The respondents ought to have awaited final orders… and pending the same, the respondents ought not have arbitrarily and highhandedly proceeded to pass the impugned order and also take physical possession, that too, pending the writ petition,” the judge observed.
The ruling relied on established legal precedent, including the R Shanmugha Sundaram case and a Division Bench judgment in Sri Ram Samaj, which hold that authorities cannot assume jurisdiction or appoint officials like a fit person without first determining an institution’s religious status.
Legal experts have welcomed the decision. Advocate B Jagannath hailed this as a welcome decision, stating, “This judgement has reiterated and followed the dictum as laid down in the Ayodhya Mandapam case.”
The court has now directed the HR&CE Department to redeliver possession of the premises to the association “forthwith” and complete the pending enquiry into the building’s status within three months. The petitioner has been instructed to maintain the property’s status quo until a final decision is reached.
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