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[POLITICS] · India · 4 sources

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Supreme Court rules state cannot acquire temple land via gift deeds

The Supreme Court of India has ruled that state governments cannot take ownership of temple properties through gift deeds, even under the guise of public interest or administrative convenience. A bench comprising Justices PS Narasimha and Alok Aradhe issued the ruling while addressing a dispute involving land belonging to the Nagapalayam Mariamman-Ponnachiamman Temple in the Erode district of Tamil Nadu.

The case centered on 1 acre and 10 cents of land that was transferred via a gift deed by a temporary trustee to the Tamil Nadu government for the construction of a Taluk Office. The Court observed that because the State is legally entrusted as the custodian of religious and charitable institutions, it does not have the authority to unilaterally acquire ownership of their properties.

The Court further clarified that the land in question was an inam property intended for the maintenance of the deity. Under Section 41 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the transfer of such property by way of gift is expressly prohibited, rendering the transaction void.

Entities

Erode district · Nagapalayam Mariamman-Ponnachiamman Temple · Supreme Court of India · Tamil Nadu Government