'Every Endeavour Should Be Made By HR & CE Department To Ensure That Land Belonging To Temples Are Preserved': Madras High Court

The Madras High Court on Wednesday took on record the affidavit filed by the Joint Commissioner of Hindu Religious and Charitable Endowments (HR&CE) department in connection with a Public Interest Litigation (PIL) petition filed against the encroachment of almost 400 acres of land belonging to the Bhaktavatsala Perumal temple at Tirukannamangai in Tiruvarur district.

On the previous date of hearing, a Bench comprising Chief Justice Sanjib Banerjee and PD Audikesavalu had expressed strong reservations against the 'cavalier manner' in which the counter affidavit by the Joint Commissioner had been filed. 

"The cavalier manner in which the counter-affidavit has been prepared cries out for immediate action to be taken against the Joint Commissioner, including for contempt. Indeed, the arrogance of the Joint Commissioner knows no bounds as he suggests in the last paragraph of the affidavit that the procedure contemplated in the HR & CE Act, 1959, "is cumbersome and therefore time-limit may not be fixed", the Court had observed with anguish.

Accordingly, the Joint Commissioner, Tanjavur had been instructed to file an affidavit show-cause why immediate appropriate action should not be taken against such person, inter alia, for the disrespect shown to the court in the manner in which the affidavit had been drafted and for dereliction of duty in not paying attention to any detail or seeking to furnish the same to Court. 

On Wednesday, the Advocate General apprised the Bench that a further report would be filed on behalf of the HR & CE Department pertaining to the recoveries made after obtaining details from the other agencies. 

Reiterating concerns regarding the recovery of encroached land belonging to temples, the Court observed, 

"It is made clear that every endeavour should be made by the HR & CE Department along with the District Administrations to ensure that the land belonging to temples are preserved and, if encroached upon, are recovered."

The Court also instructed that the copper plate pertaining to the particular temple which had been recovered is kept in safe custody. Accordingly, the concerned authorities were ordered to file another report showing compliance on the next date of hearing. 

The matter is slated to be heard next on November 24. 

Case Title: Elephant G Rajendran v. The Secretary and Ors

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