The Madras High Court has clarified that temple lands can be alienated only after establishing that such alienation is purely in the interest of the temple concerned and that there is no other option but to sell, mortgage, lease or exchange those lands to ensure uninterrupted performance of the rituals.
Justices R. Mahadevan and P.D. Audikesavalu issued the clarification at the instance of Hindu Religious and Charitable Endowments Department which urged the court to clarify eight out of 75 directions issued in a suo motu case on June 7, 2021 for safeguarding historical monuments including temples and their properties.
The 33rd direction issued in 2021 read: “The State government or HR&CE Commissioner, who are the trustee/administrator of the temple lands, shall not alienate or give away the lands contrary to the wish of the donor. The lands shall always remain with the temples. The public purpose theory shall not be invoked in cases of temple lands.”
