In a significant ruling regarding the ownership of temple property, the Supreme Court has clarified that the government does not become the owner of temple land merely by administering or managing it.
The Court stated that property donated to a deity remains vested in the deity and must be used for religious purposes. Consequently, the apex court has declared a 'gift deed', which sought to transfer land belonging to a temple in Tamil Nadu to the state government, as invalid. However, rather than ordering the removal of a government office already constructed on the land, the Court has permitted the government to continue its use of the site, subject to the payment of rent.
A bench comprising Justice PS Narasimha and Justice Alok Aradhe ruled that property dedicated to a deity does not become the private property of the donor, the priest, the trustees, or the state government. Legal ownership of such property remains vested in the deity, while those overseeing it have a duty to safeguard it and utilize it in the best interests of the temple. The Court clarified that a trustee managing temple property is not its owner and cannot, by virtue of their position, arbitrarily transfer the property to any other individual or the government.
The Supreme Court observed that the responsibility for administering and regulating temple properties does not confer ownership rights upon the government. The government’s obligation is to protect such properties, not to claim them as its own based on its administrative authority. The bench further clarified that the need for land for a public purpose does not, in itself, constitute a valid legal basis for transferring temple property to the government free of cost. A transfer executed in violation of the law—under the pretext of needing space for a government office—cannot be justified.
What is the case about? This case pertains to approximately one acre and 10 cents of *inam* (endowed) land belonging to the Nagapalayam Mariamman-Ponnachiamman Temple, located in Kodumudi village, Erode district, Tamil Nadu. In August 2017, a temporary trustee of the temple gifted this land to the Government of Tamil Nadu for the construction of a *taluk* office. Revenue officials accepted the transfer of the land. This decision was challenged in court, but the Madras High Court dismissed the petition in March 2019. The matter was subsequently taken to the Supreme Court, where the apex court declared the gift deed invalid.
