Congress MLA Haroon along with others tried to encroach 15 acres of Sundara Varadaraja Perumal Mandir in Chennai in 1997. After 2 decades of litigation at various levels, the District Magistrate recently ruled that the Muslim party had failed to prove their ownership.
– TS Venkatesan
Efforts of Hindu Munnani has finally borne fruits after more than a two decade fight. 15 acres belonging to Sundara Varadaraja Perumal Mandir temple at Virugambakkam worth 400 crore was obtained by forged documents and in fraudulent manner by influential Muslims to build a Mosque in Chennai. The illegally obtained records have been cancelled.
Sundara Varadaraja Perumal Mandir at Virugambakkam in Chennai is more than 800 years old. It is administered by the TN Hindu Religious and Endowment (HR & CE) Dept. In 18th century, Sunguvar Brahmins had gifted 15 acres of land known as ‘Mettu Kulam’ (upper pond) to the temple for the purpose of distributing free water to devotees during the summer and other seasons. It was called as Thanner pandal Maanyam. Till the temple was taken over by HR and CE, it was managed by hereditary trustees who had not verified the documents to ascertain that it was free from encroachment.
Attempt to Encroach
However, in 1997 the Congress MLA HM Haroon along with other Muslims tried to grab the said 15 acres of land to build a mosque. Hindu Munnani functionary Durai Sankar says, “When I was in Sub-Registrar office, I saw a notice inviting objections from public. When we came to know of their plans, we immediately approached the District Magistrate (DM) and conducted a public meeting in that place. Hindu Munnani leader Ramagopalan and others took part in that meeting. DM through another notice informed that the land would not be given to any private persons”.
One of the temple trustees Subramanian Gramani approached Durai Sankar and requested him to pursue the case till its logical end by giving proper documents to establish the temple’s ownership. A 1951 register maintained by one Gopal Naidu states that 15 acre land was given by Sunguwar Brahmins and its intended purpose. 1875 ‘CLR’ or A Registrar in which it was mentioned that the temple was the owner of the land and the rent received from tenants throught the Taluk Board and a letter by Tehasildar to tenants to sell the encroached portion to them. He also gave a ledger maintained by temple Executive officer Thangaiah stating it was temple land.
But the Muslims did not budge. In 2011 Nawas Zada Khurshid Mohammed Khan and 4 others approached the Tehsildar to claim that their relative who was also the Taluk Board president gifted the land in question to them and submitted some documents. One of the documents which was a unregistered sale deed to claim ownership, was written in Urdu. Based on this claim, the temple pond was to be leveled but it was thwarted by Hindu Munnani.
Legal Fight Ensues
Durai Sankar recalled that armed with the documents given by trustees and Temple Worshippers Society, he moved the Madras High Court. Following its order, the DM conducted a detailed enquiry. Temple Worshippers Society, Counsel for EO, Counsel for Nawab submitted their written statements and documents. The Old Settlement Register (OSR) for Virugambakkam village in 1875 recorded the same. 15 acres of land has now dwindled to 1 acre 98 cents after encroachments by various people over a period of time. A stay was bought on the Muslim claims over the land and the Hindus made a plea to cancel the pattas obtained which was based on forged documents by respondents.
The Muslims with help of a Judge in SC preferred an appeal against HC order and saw it was posted before that particular judge who was from Tamil Nadu. Durai Sankar said, senior counsel Parasaran who appeared for us got adjournments till the judge retired from service. Their appeal was dismissed by a new bench that heard the matter and directed the DM to inquire afresh. So far 5 or 6 DMs conducted enquiry. Finally the present Chennai DM R Seethalakshmi, on 24th March this year concluded the enquiry. Hindu Munnani had argued that all the lands in the name of Taluk Board were actually belonging to the temple and the land has been transferred to third parties in an illegal manner.
Temple register maintained by EC as per the HR and CE act 1959 is updated every 10 years. The entry for the 15 acres of land has been maintained by the Jilla Board which in turn asked the Taluk Board to maintain the same. Thus the revenue records stand in the name of the Taluk Board all along. EO in his submission said the land under dispute is a clearly a tank, the ownership of this land on which the temple tank stood transferred to government as per section 14A of the Tamil Nadu Estates (abolition and conversion into Ryotwari) act 1948. He asked the DM to cancel the pattas issued to private parties invoking section 14A of the said act and hand over the same for utilization and maintenance. He submitted, survey and settlement register extract from 1875, village map of 1938 from Central survey office, surveys field specific maps, registered maintained by temple, and encumbrance certificate. Nawaz Zada and others too gave written submissions.
Muslim Party loses claim
In her order, the DM said “All claimants have failed to prove their right at the time of Revision survey and resettlement and Town survey operations. Respondents (Nawas Zada and others) did not produce any documents regarding Gulam Ahmed Sahib had held the post of Taluk Board president and how the said property was devolved to Abdul Samad Sahib. There is also no explanation as to the relationship between Janaba Ummathfull Fazal and Fazeelthunnissa Begam. There is no legal heir certificate of Abdul Samad or Gulam Ahmed Sahib which had to be produced”.
Durai Sankar says, “Our collective efforts has helped to recover temple land worth Rs.400 to 500 crore (as per current market price). Forged pattas have been cancelled. We will claim our ownership soon and remove all the encroachments. Neither the courts nor the DM did not order or think of suggesting any action against people who claimed temple land with forged documents. Why they failed to order criminal case against them is baffling. During the pendency of the matter , I had received threats, aborted attacks, luring conciliatory efforts with money offers”, says Durai Sankar.
The attempt to encroach lands of Sundara Varadaraja Perumal Mandir is just one among the hundreds of temple lands which have been similarly encroached and legalised using forged documents.
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