No patta for long-time temple property occupants: Minister

Babu also said that the HR and CE rules do not permit the commissioner of the department to provide blanket exemption from paying rent or lease dues of the Covid period to temples.

Update: 2023-04-17 17:02 GMT
HR and CE minister PK Sekar Babu

CHENNAI: State HR and CE minister PK Sekar Babu on Monday categorically ruled out the possibility of issuing patta to long-time residents of temple lands.

Babu also said that the HR and CE rules do not permit the commissioner of the department to provide blanket exemption from paying rent or lease dues of the Covid period to temples.

Replying to a special calling attention moved by CPIM MLAs V P Nagaimaali and M Chinnadurai in the State Assembly, Sekar Babu said, "Gods and goddesses of temples are considered as minors in the eyes of law. Hence, the lands owned by the temples are treated as the minority properties belonging to the 'minor' gods. It is not possible to give such lands for free other than the purposes they are donated for."

Citing the interim stay granted by the Madras High Court for GO No. 318 of August 30, 2019 which enables the distribution of the land to the inhabitants of temple lands in accordance with law, the minister said that HC, in its June 7, 2021 dated order, has held that the State government or the HR and CE commissioner, who are the trustee/administrator of the temple lands, shall not alienate or give away the lands contrary to the wish of the donor. "The public purpose theory shall not be invoked in cases of temple lands over which the interest of the community people of the religious denomination generally rests," the minister quoted the HC as saying.

Sekar Babu also stated that requesting the sale of the temple lands/properties to the long-time residents was against the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. He also added that the issue of fixing rent for residential and commercial properties of the department owned lands would be resolved once the "fair rent committee" chaired by the state chief secretary concludes its work.

Speaking on the motion, Nagaimaali asked the HR and CE department to reconsider the circular insisting on payment of hiked rent with retrospective effect from 2016.

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