MHC directs Puducherry MLAs to return back temple land

CHENNAI: The Madras High Court has directed two sitting MLAs of Puducherry assembly to hand over the temple property back to the temple administration and directed the CBCID to initiate criminal proceedings under the prevention of corruption act.

Petitioners Subramaniam, the secretary of Sri Kamatchi Amman Devasthanam, Puducherry and V Velmurugan a devotee moved the Madras High Court seeking to quash the land registration of temple property to private individuals including two sitting MLAs of Puducherry.

The people's representatives involving in such nature of criminal allegations, cannot be tolerated and the MLAs have taken oath under the Constitution, observed Justice S M Subramaniam while pronouncing orders.

They are expected to be the truthful and trustworthy public servants and thrive hard for the up-liftment of the people residing within their Constituency and to upheld the constitutional principles of law, the judge wrote.

The judge also directed the Puducherry government to take possession of the property in entirety and hand over the same to the administration of Sri Kamatchi Amman Devasthanam, within a period of four weeks.

Further, the judge directed the Superintendent of Police, CBCID to conduct an impartial and uninfluenced investigation with reference to the allegations of criminality and initiate criminal proceedings under the prevention of corruption act.

According to the petitioners, nearly 2 acres of land belongs to Sri Kamatchi Amman temple, Puducherry, situated near Oulgaret sub road, has been illegally transferred to some private individuals with fraudulent documents.

The counsel for the petitioners contended that there is an unambiguous nexus between the bureaucrats from the government of Puducherry and politicos. It was also contended that Puducherry sitting MLAs A John Kumar and Vivilian Richards John Kumar were also taken the possession of the temple land.

However, the MLAs contended that they are bona fide and innocent purchasers of the property, they are not involved in the criminality of transferring temple property. Further they submitted that they are willing to hand over the subject property back to the temple administration.

The special officer, the superintendent of CBCID, Puducherry appointed by the court submitted the preliminary investigation report in a sealed cover.

The report reveals certain shocking revelations in respect of the documents executed for the land transfer and the manner in which the government officials acted unbecoming of Public Servants are visibly established, observed the judge.

The superintendent of police, CBCID is directed to investigate the validity of the documents and the allegations of fraud, impersonation, misrepresentation, corrupt activities, collusion, fabrication of document, payment of consideration, income tax returns. The case has posted after six weeks for further proceedings.