Religious properties protected from misappropriation: SC

New Delhi, Sep 9 (UNI) The Supreme Court has directed the courts to safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.

The ruling by the bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and Dalveer Bhandari was seen as cracking the whip on public servants and trustees/archaks/sebaits/employees of religious institutions, involved in grabbing the properties of deities, temples and Devaswom boards.

The judgement was handed down on a petition by AA Gopalakrishnan on allegation that the idols of lord Vishnu/ Vigrahas of Updevdas, in possession of Karikkode Devaswom, Ernakulam, Kerala for centuries has illegally been given to respondent number two to five.

The petitioner also alleged that the temple land has been shown in possession of the respondents and in exchange the land has been handed over to them through a fraud committed by the trustees of the board in collusion with some government officials.

The apex court, while allowing the appeal and setting aside the Kerala High Court judgement, noted, ''The properties of deities, temples and Devaswom boards are required to be protected and safeguarded by their trustees/ archaks/ sabaits/ employees.

Instances are many where persons entrusted with the duty of managing and safeguarding have usurped and misappropriated such properties by setting up false claims of ownership or tenancy or adverse possession.'' The court further observed, ''this is possible only with the passive or active collusion of the authority concerned. Such acts of 'fences eating the crops' should be dealt with sternly. The government, members or trustees and devotees should be vigilant to prevent any such usurption or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.'' The Supreme Court set aside the compromise dated August 30,2000 and compromised degree dated September 18, 2000 and directed Cochin Devaswom board to take the possession of land belonging to the temple.

The bench also directed the Collector, Ernakulum to hold an enquiry as to the circumstances in which the order dated February 21, 1976 was passed on the file of the special tahsildar, LR number II, Ernakulum and take consequential remedial action.

The court said the board was at liberty to take action in accordance with law in regard to Survey Number 1043 and also directed Sub-Court, Ernakulum to dispose-off Suit No 399 of 1998 in accordance with law if respondents three to five pursue the suit.

UNI