New Delhi: The Supreme Court has delivered a significant ruling stating that the government is only a custodian of temple properties and cannot claim ownership. Assets donated by kings and devotees to temples, the court said, remain dedicated to the deity.
The case relates to the Nagapalayam Mariamman–Ponnatchiyamman temple in Kodumudi, Erode district. In 2017, a person appointed as a temporary trustee donated about 1 acre and 10 cents of temple land to the government for constructing a taluk office. The donation was accepted through district officials, the land was transferred in revenue records in the government’s name and classified as “sarkar poramboke”, and a taluk office was built on it.
Hereditary trustees and devotees challenged the transfer, arguing that the safeguards under the Hindu Religious and Charitable Endowments (HR&CE) Act, 1959 were not followed. The Madras High Court dismissed the case in 2019, holding that the relevant provision on transfer did not explicitly mention donations. On appeal, a Supreme Court bench of Justices P.S. Narasimha and Alok Aradhe set aside that view.
The court held the land was an inam property meant for temple worship and maintenance, and that donating such inam land is barred under Section 41 of the HR&CE law. It ruled the gift deed executed by the temporary trustee was invalid and the government’s acceptance was unlawful, even if the purpose was a public office.
Considering the taluk office is already serving administrative needs, the court did not order demolition. Instead, it increased the monthly rent from Rs 13,235 to Rs 31,000 with effect from March 8, 2019, directed the government to clear arrears within three months after adjusting payments already made, and ordered Rs 1 lakh as litigation costs to the temple. It also said lease terms and renewals must be decided by the temple trust as per law, with the temple’s welfare as the primary consideration, and that authorities must strictly follow legal procedures in all temple property transactions.
