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‘Temple land cannot be regd in favour of third party without approval’

"In the absence of approval under section 34 of the HR&CE Act, the alienation of the lands by way of sale to the tenants, viz., the vendors of the second petitioner by the trustees, viz., the plaintiff, is void and the said sale also deserves to be set aside,” Justice M Dhandapani held.

‘Temple land cannot be regd in favour of third party without approval’
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Madras High Court

CHENNAI: The Madras High Court held that the temple properties cannot be sold to anyone even by the hereditary trustee of a temple without the approval of the HR&CE department. The court also set aside the sale deed executed by a title holder of land in favour of producer RB Choudry.

"In the absence of approval under section 34 of the HR&CE Act, the alienation of the lands by way of sale to the tenants, viz., the vendors of the second petitioner by the trustees, viz., the plaintiff, is void and the said sale also deserves to be set aside,” Justice M Dhandapani held.

The judge made this observation on hearing pleas filed by film producer RB Choudry, the first petitioner and ME Siddiqa/the second petitioner. The petitioners prayed for a direction to the joint sub-registrar, Thousand Lights to permit them to again present the returned sale deed dated 8.12.2021 for registration.

According to the petitioners, the first petitioner purchased land from the second petitioner and tried to register the same before the joint registrar. However, the registrar denied registering the land saying that the land belongs to Arulmigu Agastheeswarar Prasanna Venkateswara temple. The second petitioner who sold the land to the first petitioner stated that the title deed of the said land was in her father’s name.

She further submitted one Valliammal, a hereditary trustee who had executed the sale deed in favor of her father in 1990. However, the judge rejected the contention and set aside the city civil court order saying that they did not get approval from the HR&CE.

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