The Madurai Bench of the Madras High Court has directed the Tamil Nadu Government to issue executive instructions for recording the names of temple deities in revenue records, reiterating that the deity’s name alone must be entered and not that of its manager or hereditary trustee.
Justice K. Kumaresh Babu passed the direction while disposing of a writ petition filed by the Executive Officer of Arulmighu Mutharamman Thirukovil, challenging an order of the Commissioner of Land Administration directing mutation of revenue records in the name of Sree Narguna Sundara Vinayakar Temple, represented by its hereditary trustee.
The Court relied on a Supreme Court ruling in The State of Madhya Pradesh & Ors. v. Pujari Utthan Avam Kalyan Samiti & Anr., Civil Appeal No. 4850 of 2021, which held that revenue records should carry the name of the deity and not the manager or priest. The Supreme Court had also envisaged the issuance of executive instructions to supplement the relevant statutes and rules.
Rejecting the objection that the petition was not maintainable, the High Court observed that a deity is always considered a minor and that the Court must exercise parens patriae jurisdiction to protect its interests.
The Court held that the direction to record the deity’s name through its hereditary trustee was contrary to the Supreme Court’s ruling. It directed that the revenue records should carry only the name of Sree Narguna Sundara Vinayagar Balasubramaniar.
The Court further observed that the classification of the land as “Natham Private” was not recognised under the Revenue Standing Orders and directed that it be classified as “Natham” in the deity’s name.
Noting that the Tamil Nadu Revenue Department had not issued executive instructions pursuant to the Supreme Court’s directions, the Court directed the Secretary, Revenue and Disaster Management Department, to issue necessary instructions and ensure that revenue authorities make corresponding corrections in land records.
