KUMARESAN A Man of positive thoughts (CGE) 27 February 2015

Special provisions to path to temple

There is a temple in my native village in Tamil Nadu. The temple was established about 250 years ago. It was agriculture land and was evolved as poramboke then. Now Govt classified it as 'Govt. Others' as per Registration Department records w.e.f. 01.08.2007. The temple is surrounded by a private land (about 5 acres - single owner) and is classified as Residential area from 01.08.2007. There is a cart-tract passing through the private land which has been used by the villagers to go to the temple all these years.

The path has now been fenced by the private land owner blocking the way leading to the temple. It has also been seen that it is only a path way (1 meter widdth) as per Revenue Department records, though the villagers have been using it as cart-tract.

A complaint was lodged with Tasildahr. There was no action. Hence, a complaint was also lodged with RDO with a complain copy to District Collector who directed the RDO and Tasildar to take appropriate action. But action is yet to be taken by them.

Under the circumstances, it may be stated as to whether there is any special provision for temple for path way. What action can be taken to remove the encroachment.?

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7 Replies

Advocate Ravinder (Advocate/Attorney) 01 March 2015

Since it is a private property, the land owner has every right protect his land by fencing the same. The cartway has been used for only 7 years i.e. from 1.8.2007 to till now. If it had been used for 20 years uninterruptedly, then the locality people would have got presumptive rights i.e the locality people would have become owners to the extent of cart way.

Now the only way is to write a letter to Collector copy to revenue Minister and Government stating that there is no cart way to the temple. The Collector has right to acquire the land of private land owner to the extent of cartway by invoking Land Acquition Act.

KUMARESAN A Man of positive thoughts (CGE) 02 March 2015

Thanks for the information. The way has been in usage for the last 250 years. I would follow your advise.

T. Kalaiselvan, Advocate (Advocate) 03 March 2015

Who is the trustee of the temple?, whether private trust or government controlled temple?, However, the trustee or the trust can file a suit for easement rights for ingress and egress to the temple by the devotees and others accessing the temple on the basis of the records in possession.

KUMARESAN A Man of positive thoughts (CGE) 04 March 2015

The temple is administered by the villagers headed by a person. No trust has been formed. Govt has no control over the temple. The villagers are very poor and are in ignorance. The administrar of the temple does not want confrontation with the encroacher. Population of the village continue to reduce day by day due to drought and limited choice for livelihood.

T. Kalaiselvan, Advocate (Advocate) 04 March 2015

In the absence of any person to take the responsibility to fight out the issue legally, the fate of the devotees will keep hanging without any solution for this. If you are an interested party to the issue, you may organise to mobilise funds to get the rights of the villagers restored to the old status or else you may motivate a group from behind and help them in all the ways to get problems solved legally. Discuss the issues with a local lawyer and look for solution.

Advocate Ravinder (Advocate/Attorney) 04 March 2015

As this is public interest issue, if only one person file the case, it will not stand. The villages have to form into an association to file the case.