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S. Kumar v. The Commissioner & Ors.

Civil Appeal · 2019 INSC 474Decided 8 Apr 2019
Civil Appeal Nos. 3461-3505 of 2019
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

A large group of small shopkeepers in Tamil Nadu ran businesses from premises inside or adjoining various temples, claiming to do so lawfully as licensees or with the temple authorities' permission. The State and temple management authorities issued notices threatening to evict them, prompting the shopkeepers to approach the Madras High Court seeking to block the eviction. Both the Single Judge and the Division Bench of the High Court dismissed their petitions and appeals, leading the shopkeepers to approach the Supreme Court.

Decision Breakdown

The Supreme Court found that the controversy was squarely governed by Chapter VII (Sections 77 to 85) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, which lays down a specific statutory procedure for dealing with encroachments on land belonging to religious institutions, including notice, eviction orders, and a right of appeal. It was undisputed that the authorities had not followed this statutory procedure before threatening to dispossess the shopkeepers. For that reason alone, the Court allowed the appeals and set aside the High Court's order, without examining the merits of whether the shopkeepers actually had a lawful right to occupy the premises. The authorities were given liberty to proceed afresh strictly through the statutory remedies available under the 1959 Act.

Lesson Learnt

Even where the law ultimately allows removal of unauthorized occupants of religious/temple property, the government or temple management must use the specific legal procedure the statute provides (notice, inquiry, and appeal rights) rather than simply issuing an eviction notice outside that framework, skipping the statutory process can get the action struck down regardless of the underlying merits.

Official source (sci.gov.in)View Judgment (PDF)

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