Court ruled that temple land cannot be sold like private property

Chennai (Tamil Nadu) – On 15th December, the Madras High Court set aside the sale of 3.93 acres of land valued at Rs 110 crore that belongs to Arulmigu Annamalainathar Temple. The Court held that the sale of temple property carried out in the 1990s was illegal, procedurally flawed, and against the very purpose of safeguarding religious endowments. Out of the long list of respondents, around 90 of them were of the Muslim community including at least two mosques.
The Court, in its judgment, ruled that temple land cannot be treated as disposable private property. It must be preserved for the benefit of the deity and devotees. The Court further directed that the land must be restored to the temple. The judgment has brought closure to a dispute that had lingered for over 30 years.
Trustees are only custodians, not owners
In its judgment, the court made it clear that trustees and officials under the Hindu Religious and Charitable Endowments Department (HR&CE) act only as custodians of temple property. Any deviation from statutory safeguards, even if backed by subsequent government orders, cannot legitimise an otherwise illegal sale. The judgment reaffirmed that the mandatory provisions under the HR&CE Act are not procedural formalities. These provisions are substantive protections meant to prevent misuse and erosion of religious assets.
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“If there had been a Muslim in the Shri Ram Janmabhoomi Teerth Kshetra Trust, he would have been ‘encountered’ over the theft” : Asaduddin Owaisi