He made this submission after temple Executive officer R Jeyaraman submitted before Madras High Court bench that the 44 cents of land purchased by the Alagiri Educational trust for Dhaya Engineering college belonged to the temple, coming under purview of the Hindu Religious and Charitable Endowments Act.
The land was a 'Minor Inam land' granted for support of the temple at Sivarakottai. The statutory Patta (land document) granted by the settlement Tahsildhar also stood in the temple's name. The title, right and possession and enjoyment of the property in question was with the temple, the officer said.
If the Patta number had been quoted as earlier, then the property would not have been registered at all.
The officer said no one could create document for the temple property and make the right of the temple extinguished. The decrees regarding the land had been obtained ex-parte without the knowledge of the HR&CE department.
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Seeking to quash the FIR in the case,Alagiri alleged that due to 'political vengeance' the HR&CE department had lodged a complaint to District Crime Branch, which had not ascertained the facts and filed the case under various sections of the IPC including 420 (cheating and dishonestly inducing delivery of property) and 467 (forgery of valuable security).
On Alagiri's offer to return the land for quashing the FIR, Government counsel said it had to be considered by the department concerned and the same could not be insisted upon.
After hearing both parties, Justice K Kalyanasundaram reserved his orders on the anticipatory bail petition filed by Alagiri relating to the case.