Corruption rampant in leasing out temple properties: Madras High Court

Chennai: Observing that corruption is rampant in the matter of leasing out temple properties to individuals, the Madras High Court has slammed corrupt officials in the department of the Hindu Religous and Charitable Endowments, which monitors temples.

The court made the observation on November 24 while dismissing a writ petition from K A Sreedharan (90), who was running a shop in the Maagaliamman temple in Coimbatore without lease for well over five decades.

"This court is witnessing day in and day out that the illegal occupants are many and numerous. In respect of temple properties and in many such cases, the lessees are in possession without any authority and the action taken by the authorities are absolutely not satisfactory. Thus, the Courts are bound to draw factual inference that some authorities are colluding with such private parties on various reasons and on extraneous considerations," Justice S M Subramaniam said.

As the petitioner had failed to remit rent and the dues amounted to several thousand Rupees and his lease had expired more than 55 years ago, the temple authorities initiated eviction proceedings. Hence, the present petition saying that the arrears have been paid.

The judge said that if a person was in unauthorised occupation, mere payment of arrears of rent would not confer any right to claim leasehold rights, which is otherwise to be conferred or extended in accordance with the provisions of the HR&CE Act.Mere collection of arrears of rent would not provide any right to the petitioner in respect of occupation of the temple premises, the judge added and dismissed the plea.

The court further observed that on account of the inaction on the part of the officials of the HR&CE department for several years, many litigations have come up. In many such cases, the temple property is bound to be maintained by the temple authorities, which is to be controlled by the competent authorities of the HR&CE department, which exercised the control over the activities of the temples under the provisions of the Act.

"Thus, any irregularity, non collection of rent, extension of lease, fixation of fair rent, all must be done scrupulously as per the provisions of the Act. Contrarily, this Court is witnessing day in and day out that the said illegal occupants are many and numerous. In respect of temple properties and in many such cases, the Lessees are in possession without any authority and actions taken by the Authorities are absolutely not satisfactory. Thus, the Courts are bound to draw factual inference that some authorities are colluding with such private parties on various reasons and on extraneous considerations," the judge said.