Devaswom property
Prakash
(Querist) 01 December 2023
This query is : Resolved
Private party encroaches temple property and cuts teak wood in it and the revenue department tries to auction the cut tree. What’s the remedy left with the temple authorities ?
kavksatyanarayana
(Expert) 02 December 2023
The Revenue Authority cannot auction it. You may file a complaint against that private party for tree cutting without any permission, with the Endowment authority. It's the discretion of the Government Authority to take suitable action.
T. Kalaiselvan, Advocate
(Expert) 02 December 2023
There are two issues contradicting each other.
Firstly you have mentioned that a private property has encroached the temple property and had cut trees lying inside the temple property.
It is an offence for cutting trees and also for illegal trespassing.
The second issue that the revenue department is selling the cut trees by auction, how did the revenue department could lay its hand into the illegally fell trees , that too when a private party has committed this illegal act.
So what is missing is that how could a government department indulge in such an illegal act?
The temple authorities can file a suit for mandatory injunction against the revenue department to restrain them from selling the temple properties and also from interfering into temple affairs.
Simultaneously giving a complaint against the private party for illegal trespass and felling temple trees illegally.
