Notice against temple for encroaching lands

The first bench comprising Chief Justice VK Tahilramani and Justice M Duraiswamy ordered notice to the Housing Department Secretary, Corporation Commissioner, TNHB chairman and temple authorities following a plea from PR Sekar, secretary, Tiruvanmiyur Public Welfare Association.

The petitioner contended that the land was the subject matter of a declaration by the government on August 9, 1978. Though it never belonged to the temple, the then trustees made an entry in village records as if they were in possession of it.

However, the government appointed a special Tahsildar as the acquisition officer and took it over. Though the temple was not the landowner, Rs 4.60 lakh was deposited before the civil court as compensation and made changes in the revenue register. 

Till 2011, the lands were lying vacant as no housing scheme came up as planned. But in 2012, the temple authorities started illegal construction there. Then, on September 27, 2017 the temple illegally executed a gift deed in favour of CMDA to obtain planning permission.

Citing information obtained from CMDA that building permission would have to be obtained only from the Corporation and any permission was only provisional, the plea sought the court to direct the State to retrieve the land.