Whether Temple Properties Can Be Gifted Away By Its Trustees? Supreme Court Seeks Clarification From Tamil Nadu Govt.

The Supreme Court has sought a clarification from Tamil Nadu Government on whether properties belonging to a temple can be gifted away by the trustee(s) of the temple.

In this case, a temporary trustee of the temple is said to have gifted the land in question to the Department of the Government. A writ petition filed challenging the validity of such gift was dismissed by the Madras High Court. The High Court rejected the contention raised by the petitioner that this particular transaction is violative of Article 34(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Section 22A(1)(ii) of the Registration Act, 1908.

As per Section 34(1) Any exchange, sale or mortgage and any lease for a term exceeding five years of any immovable property, belonging to, or given or endowed for the purpose of, any religious institution shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution. "A reading of Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, would show that, gift/settlement is absent in Section 34. It is settled that the courts cannot add or subtract words from a statute.", the High Court had held. It was further held that Section 22-A(1)(ii) of the Registration Act prescribes only for registration of the documents which deal with lands owned by the temple or the religious institution alone can be registered and that the petitioner is yet to specify that the required property belongs to a temple.

The Apex court had passed certain orders taking into account the fact some construction had already come up on the land.

When the matter came up before the bench comprising Justices UU Lalit and PS Narasimha, it noted that it raises questions of great significance. The court therefore requested Senior Advocate K.V. Viswanathan,  to assist it as Amicus Curiae.

"We also call upon the Secretary of the Government of Tamil Nadu, Incharge of Endowments to file an appropriate affidavit and clarify whether properties belonging to a temple can be gifted away by the trustee(s) of the temple.", the court said in the order, while posting the case on 25th March 2022 for further consideration.

Case name: K. Ramalingam vs Govt. Of TN | Special Leave to Appeal (C) No(s).20051-20052/2019

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