Anyone can move court to save temple land: HC
has said.
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Justice A D Jagadish Chandira made the observations while dismissing two civil revision petitions filed by A A Fathima Nachiya occupying two properties belonging to Sri Chennamalleswarar and Sri Chenna Kesavaperumal Devasthanam in Park Town. The court also upheld eviction orders passed in 2000 against her late husband Mohammed Iqbal, the original tenant.
The two suits were moved by Fathima challenging the temple seeking eviction and recovery of rent arrears.
Following her husband's death, Fathima continued to run a business on the premises and was later impleaded in the execution proceedings.
The temple initiated an execution petition in 2015, seeking recovery of possession after a gap of 15 years. The petitioner argued that the execution petitions were barred by limitation under the Limitation Act and that the original decrees were invalid as non-speaking ex parte orders.
She also questioned the authority of the hereditary trustee to file and execute the suits on behalf of the temple.
The court rejected these arguments, citing Section 109 of the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act, which exempts temple suits for possession of immovable property from limitation periods. The court ruled that the exemption extends to execution proceedings as well. The judge observed that the petitioner filed multiple applications over the years without directly challenging the ex parte decrees and delayed the legal process for more than two decades.
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