Temple trustees cannot construct on gifted temple land without statutory permission from HR&CE or the local body.

The petitioner alleged that her father had gifted land in S. No. 214/4B, Keela Ambasamudram Village, to Sree Agastheeswarar Temple for annadhanam.

She claimed that respondents 8 to 10, describing themselves as temple trustees, were undertaking unauthorised construction without permission from the HR & CE Department or the local body, and that she had made representations to the official respondents.

Respondents 8 to 10 stated that no construction was underway and that only preparatory work had been done for the temple’s welfare and revenue generation.

The petitioner sought a direction to prevent the construction, remove it, and restore the property.

1. Whether respondents 8 to 10 could put up construction on the land gifted to the temple without obtaining the requisite statutory permission.

2. Whether the petitioner was entitled to a direction preventing the alleged unauthorised construction and requiring removal and restoration of the property.

The Court identified no specific statutory provision or precedent.

It applied the requirement that construction on the temple property must not proceed without complying with the applicable statutory permission requirements of either the HR & CE Department or the local body.

In light of the petitioner’s allegation of construction without permission and the respondents’ submission that only preparatory work had taken place, the Court did not determine whether construction had already occurred or order removal and restoration.

Instead, it addressed the prospective risk by restraining respondents 8 to 10 from putting up any construction on the gifted land unless the required permission was obtained from the HR & CE Department or the local body.

No costs were awarded, and the connected miscellaneous petition was closed.