Building college a benevolent act, won’t interfere in GO, says Madras High Court

CHENNAI: The Madras High Court refused to interfere in the government order allowing the construction of an arts and science college on the land belonging to Sri Somanatha Swamy temple in Kolathur, as the object is benevolent.

Justice M Dhandapani granted liberty to the petitioner to submit any written objection if any irregularities or procedural deviations are found in the project while dismissing the petition seeking to quash the government order.

The judge also directed the commissioner of the Hindu Religious and Charitable Endowment department to take appropriate action on receipt of such objection.

The petition was moved by TR Ramesh from Chennai, challenging the government order issued to establish an arts and science college on the land belonging to Sri Somanatha Swamy temple.

The order proposed constructing the college on 2.50 acres of land at Kolathur, Chennai, on a lease basis for 25 years. The petitioner claimed that the HR&CE department did not comply with the statutory requirements of section 34 of the Tamil Nadu HR&CE Act, 1959, including obtaining approval for alienation and publishing mandatory information related to the lease.

Referring to a case pending before a division bench related to the alienation of temple properties, the petitioner submitted that more prejudice would be caused if the HR&CE is allowed for further proceedings based on the notification.