SC Invalidates Temple Land Gift to Tamil Nadu Government, Orders ₹31,000 Monthly Rent

The Supreme Court has declared null and void a gift deed through which a temporary trustee transferred temple land to the Tamil Nadu government for constructing a taluk office, ruling that the State cannot acquire property belonging to religious and charitable institutions in violation of statutory safeguards. The court directed the government to pay ₹31,000 in monthly rent to the temple, clear outstanding dues within three months and pay ₹1 lakh in legal costs to the temple within eight weeks.

A bench of Justices P. S. Narasimha and Alok Aradhe delivered the judgment in K. Ramalingam and Others v. Government of Tamil Nadu and Others on October 16, overturning a Madras High Court order dated March 19, 2019, that had dismissed a challenge to the transfer.

The dispute concerns one acre and ten cents belonging to the Nagapalayam Mariamman-Ponnachiamman Temple in Kodumudi village, Erode district. The land, covered by Survey Nos. 36/4, 36/5 and 41/2, was granted as inam property for the deity’s support and maintenance. On August 30, 2017, temporary trustee S. Bhoopathy executed a gift deed transferring it to the State, represented by the district collector and tehsildar, for construction of a taluk office.

M. Periyasamy and three others challenged the transfer, arguing that it violated the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The High Court dismissed the challenge, reasoning that Section 34 did not expressly mention gifts.

The Supreme Court clarified that Section 41(1) specifically prohibits gifts of qualifying inam land dedicated to religious institutions. Such gifts cannot be validated through government approval. The bench held that the deed was void from the outset and its registration had no legal effect, stressing that trustees are custodians rather than owners of temple assets.

The court criticised the State for defending the transfer despite its duty to protect religious property. However, it allowed the existing government office to remain under lease, directing renewal if expired. The government must pay ₹31,000 monthly rent to the temple trust, effective March 8, 2019, with revisions every three years under Section 34-A, without falling below that amount. Outstanding rent, after adjusting payments already made, must be cleared within three months.