Deity cannot be left remediless as it does not have voting rights: HC

Madurai: A deity cannot be left remediless because it does not have voting rights, Madras high court observed while pulling up the officials for failing to take effective steps to remove encroachments from Balasubramaniya Swamy temple lands in Vennaimalai in Karur district, despite earlier orders passed by the court in 2019.

The court was hearing the contempt petition filed by A Radhakrishnan in 2024.

A division bench of justice P Velmurugan and justice B Pugalendhi observed, Temple lands are not commercial assets of the state. They are sacred endowments made by generations of devotees with a definite object to sustain religious worship and charitable services. If endowed properties diminish year after year, it is not a mere clerical anomaly, but reflects systemic erosion, the judges observed.

The judges took note of the report filed by Karur district superintendent of police (SP), stating that when the officials attempted to undertake the eviction process and police protection was provided for the same on various occasions in 2025, the eviction process could not be carried out due to protests from the sitting MP, political leaders, and other protesters.

When the court verified the details of the encroachers, it was reported that 27 were govt officers, 49 were industrialists, and 38 were people wielding considerable influence.

The poor deity has no voting right. On the other hand, the mighty encroachers have valuable votes. A deity, recognised as a juristic person in law, cannot be left remediless because it does not participate in elections. The deity may not vote, but the Constitution speaks. The court is exercising its parens patriae jurisdiction. But, when judicial orders are stalled by organised resistance, then the rule of law itself stands tested, the judges observed.

The judges, while recording a clear finding of wilful contempt, stated that the court exercised restraint in imposing punishment on the contemnors, not out of indulgence, but in pursuit of the larger public and religious interest involved. Hence, the judges directed that the civil courts dealing with suits relating to the subject temple lands shall endeavour to dispose of them as expeditiously as possible, preferably within six months. Where interim protection is declined, such suits shall be taken up for early final disposal.

The court also gave a set of directions to the HR and CE department and Karur district superintendent of police.

The state machinery is expected to act with firmness and constitutional fidelity, the judges observed, and closed the contempt petition.

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