After the Tamil Nadu Assembly passed an amendment to the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 that would punish those who encroach Temple properties as a non-bailable and cognizable offense, The Madras High Court on Wednesday (15 September) directed Tamil Nadu’s Hindu Religious and Charitable Endowments (HR&CE) Department to issue a public notification calling upon the encroachers of temple properties across the state to voluntarily surrender the lands within a stipulated period of time.
The court was very specific in its direction to the HR&CE Department and made it very clear that it must specifically mention in the notification that “if the encroachers do not voluntarily surrender the temple properties within the time frame stipulated, criminal proceedings will be taken against them including under the Goondas Act.”
Justice S Subramanian, in the order, said: “The respondent (state government and HR&CE Department and DGP) shall not hesitate to invoke the Goondas Act against such professional land grabbers and persons involved in encroachment and illegal activities in respect of the temple properties at large for personal and unjust gains.”
The court also ordered the constitution of a special cell that will be dedicated to retrieving the encroached temple properties.
Justice Subramanian said that only officers with impeccable integrity and devotion to duty be made part of the cell and their number be displayed prominently in all the temples in the state as well as on the notice boards of HR&CE Department offices.
This, the court felt will ensure that people interested in protecting temple lands can lodge complaints because they will have more confidence and the court observed that encroachment of temple properties is a crime against the society at large along with misappropriation of temple funds and such offenders prosecuted by the state.
The court also made it very clear that the active participation of HR&CE officials cannot be overruled out called it a dereliction of duty to be viewed seriously and all appropriate action must be taken against them.
The court said that acts of “Fences eating the Crop” should be dealt with sternly and it was the duty of the courts also to protect and safeguard the properties of religious and charitable institutions from wrongful claims of misappropriation.
To ensure propriety is maintained, Advocate General R.Shanmugasundaram said details of temple properties must be uploaded by the HR&CE Department website and the department had engaged 142 surveyors and 50 rover equipment to earmark the boundaries of temple lands.
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