The Madras High Court held that a deity, recognised as a juristic person in law, cannot be left without legal remedy despite lacking voting rights. The court ordered recovery of encroached lands of Balasubramanya Swamy Temple.
The Madurai Bench of the Madras High Court stated that a deity recognized as a juristic entity in law cannot be left without remedy, even though it does not participate in elections. While the deity cannot vote, the Constitution provides for its rights,
This observation was made as the court issued directives for the recovery of lands belonging to the Balasubramanya Swamy Temple in Vennaimalai, Karur district, from encroachment.
A Division Bench comprising Justices P. Velmurugan and B. Pugalendhi noted,
“The poor deity has no voting rights. On the other hand, the mighty encroachers have valuable votes. In a democratic polity, electoral arithmetic sometimes appears to influence administrative resolve. But constitutional governance is not subordinate to electoral expediency.”
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Exercising its parens patriae authority, the court remarked,
“When judicial orders are stalled by organized resistance, then the rule of law itself stands tested. The court has monitored this matter for years, passing numerous orders and constituting monitoring committees. Yet compliance remains incomplete. Most of the lands remain encroached upon. The total extent of temple land under encroachment is 507.88 acres, with only 93.64 acres recovered to date.”
Upon reviewing details of the encroachers, the court found that among them were 27 government officials, 49 industrialists, and 38 influential individuals.
The court remarked,
“One cannot ignore the disturbing possibility that this very composition explains why, irrespective of party lines, there appears to be a consistent reluctance on the part of the political establishment to allow authorities to carry the court’s orders to their logical conclusion,”
The court instructed civil courts handling cases related to the temple lands to resolve them within six months. In cases where interim protection was denied, those suits should be prioritized for swift final resolution.
The HR&CE Department was ordered to submit a comprehensive status report every three months, detailing recovered lands, initiated proceedings, filed suits, litigation stages, and eviction actions taken.
The Superintendent of Police in Karur was tasked with ensuring protection for officials carrying out eviction proceedings. Additionally, the Registrar of Societies was directed to investigate the activities of organizations, obtain police reports, and take action if illegal activities were uncovered.
Compliance with judicial orders was emphasized as mandatory, with the judges stating that the court’s authority does not rely on executive convenience. The State machinery is expected to act with resolve and constitutional loyalty.
Furthermore, the court instructed the HR&CE Department to publish details of the temple lands, including extent, lease periods, lessee information, and lease amounts on its website, inviting public participation in the auction process, which could enhance revenue from the properties.
Case Title: A Radhakrishnan Vs P Madhusudhan Reddy
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