The Madras High Court has issued notice to HR&CE department on a petition, questioning the validity of a nine-year-old rule stating that those who built superstructures on temple lands should execute three year lease agreements and voluntarily donate to the temple.
Justice K K Sasidharan issued notice to the Hindu Religious and Charitable Endowments Department when the petition filed by the Federation of Tamil Nadu Hindu Religious Temples, House sites and lease holders came up yesterday before the court.
V Raghupathi, the Federation's counsel, submitted that though the occupants have been in continuous possession of temple lands for several decades, the authorities cited two Government orders of 2004 and 2005 and laid down new conditions when they were approached to change names in rental and other agreements.
The authorities said the superstructures should be donated to the temples and be registered at the cost of lease holders. They were also told they should execute new lease agreements only for three years and pay 10-month rent as 'donation' to the temple, besides another 10-month rental amount as advance.
Noting that superstructures had been built on temple lands at their own cost, the counsel said it was unfair to compel them to 'donate' the superstructure to the temples.
It is incorrect to restrict the lease period to only three years, with provision for further extensions, he said. The original lease deeds executed by the then temple trustees permitted such lessees to construct their own superstructure after paying only lease rent to the vacant land, he said, adding that the impugned orders sought to take away their vested rights over their superstructures.
Legality of these rules in the impugned G.O is contrary to rights given to the lessees in the original agreements he said, adding the additional guidelines are not based on sound reasons.
