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Tamil Nadu Government frames rules for sale, exchange, lease and mortgage of temple lands
The Alienation of Immovable Property of the Religious Institutions Rules, 2025 lay down elaborate guidelines
Published - December 07, 2025 12:20 pm IST - CHENNAI
The Tamil Nadu government has framed Alienation of Immovable Property of the Religious Institutions Rules, 2025, laying down elaborate guidelines to be followed by Hindu Religious and Charitable Endowments (HR&CE) department for sale, exchange, lease or mortgage of temple lands.
Appearing before a special Division Bench of Justices R. Suresh Kumar and S. Sounthar constituted to hear temple related cases, Special Government Pleader (HR&CE) N.R.R. Arun Natarajan said, a Government Order had been issued on December 1, 2025 for notifying the statutory rules in the gazette.
The submission was made during the hearing of a writ petition filed Sri Sivasubramaniya Nadar (SSN) College of Engineering which was in occupation of 9.74 acres of Thiruporur Kandaswamy Temple land and had offered a much larger extent of land elsewhere in exchange for the temple property.
The SGP said, the 2025 Rules had been framed by exercising the powers conferred on the government by Section 166(1) read with Section 34(1) and (3) of the Tamil Nadu HR&CE Act of 1959 and in supersession of the Revenue department rules that were in existence since May 18, 1960.
The alienation rules state that the term ‘urban area’ used in it shall have the same meaning as it had been defined with under the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules of 2017.
The 2017 Rules, in turn, state that ‘urban area’ would include the area (including village panchayats) within the territorial limits of Chennai Metropolitan Development Authority; Madurai, Tiruchi, Salem, Coimbatore and Tirunelveli corporation limits and the eight kilometer area (including village panchayats) around those limits.
The definition of the term also includes the territorial limits of all other municipal corporations, municipalities, town panchayats, cantonments and townships and makes it clear that the term would further include any other area that may be notified by the government from time to time.
Temple lands can be alienated only if it is necessary, says Madras HC
The Tamil Nadu government has framed Alienation of Immovable Property of the Religious Institutions Rules, 2025, laying down elaborate guidelines to be followed by Hindu Religious and Charitable Endowments (HR&CE) department for sale, exchange, lease or mortgage of temple lands.
Appearing before a special Division Bench of Justices R. Suresh Kumar and S. Sounthar constituted to hear temple related cases, Special Government Pleader (HR&CE) N.R.R. Arun Natarajan said, a Government Order had been issued on December 1, 2025 for notifying the statutory rules in the gazette.
The submission was made during the hearing of a writ petition filed Sri Sivasubramaniya Nadar (SSN) College of Engineering which was in occupation of 9.74 acres of Thiruporur Kandaswamy Temple land and had offered a much larger extent of land elsewhere in exchange for the temple property.
The SGP said, the 2025 Rules had been framed by exercising the powers conferred on the government by Section 166(1) read with Section 34(1) and (3) of the Tamil Nadu HR&CE Act of 1959 and in supersession of the Revenue department rules that were in existence since May 18, 1960.
The alienation rules state that the term ‘urban area’ used in it shall have the same meaning as it had been defined with under the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules of 2017.
The 2017 Rules, in turn, state that ‘urban area’ would include the area (including village panchayats) within the territorial limits of Chennai Metropolitan Development Authority; Madurai, Tiruchi, Salem, Coimbatore and Tirunelveli corporation limits and the eight kilometer area (including village panchayats) around those limits.
The definition of the term also includes the territorial limits of all other municipal corporations, municipalities, town panchayats, cantonments and townships and makes it clear that the term would further include any other area that may be notified by the government from time to time.
Temple lands can be alienated only if it is necessary, says Madras HC
Sale value of temple lands
After adopting the definition, the 2025 Rules state that the value of temple lands shall be fixed based on the market value or guideline value, whichever was more and that when it comes to sale, the sale value of the temple land located in an urban area shall be determined at 225% of the land value.
The sale value of the temple lands located within 30 km of the urban area shall be determined at 275% of the land value, the sale value of properties within 30-50 km from urban area shall be determined at 325% and for temple lands beyond 50 km from urban area, the sale value shall be determined at 425% of land value.
After adopting the definition, the 2025 Rules state that the value of temple lands shall be fixed based on the market value or guideline value, whichever was more and that when it comes to sale, the sale value of the temple land located in an urban area shall be determined at 225% of the land value.
The sale value of the temple lands located within 30 km of the urban area shall be determined at 275% of the land value, the sale value of properties within 30-50 km from urban area shall be determined at 325% and for temple lands beyond 50 km from urban area, the sale value shall be determined at 425% of land value.
Exchange of temple lands
When it comes to giving away temple land in exchange for another immovable property, the Rules state that the private land proposed for exchange under Section 34 of the HR&CE Act must have a clear title and must be in possession of the applicant without any encumbrances, encroachments, litigation or conflicts.
The extent of land to be provided in exchange should not be a part of Open Space Reserve area or any other land that had to be given away to the local authorities for laying of roads and so on. Further, lands located in sensitive zones such as buffer zones, falling under the Hill Area Conservation Authority, elephant/tiger corridors and eco sensitive zones shall not be considered for exchange.
The Rules also state that the lands offered in exchange must have clear access to the major district roads or highways and should not be land locked. In cases where the value of the temple land and the private land to be given in exchange was the same, the extent of the land to be exchanged must also be the same.
If the value of the land belonging to religious institutions is higher than the value of the land offered in exchange, the difference in value must be compensated in cash or larger extent of private land could be offered in order to equalize the value of the temple land.
Beyond faith: The contentious issue of temple lands in Tamil Nadu
When it comes to giving away temple land in exchange for another immovable property, the Rules state that the private land proposed for exchange under Section 34 of the HR&CE Act must have a clear title and must be in possession of the applicant without any encumbrances, encroachments, litigation or conflicts.
The extent of land to be provided in exchange should not be a part of Open Space Reserve area or any other land that had to be given away to the local authorities for laying of roads and so on. Further, lands located in sensitive zones such as buffer zones, falling under the Hill Area Conservation Authority, elephant/tiger corridors and eco sensitive zones shall not be considered for exchange.
The Rules also state that the lands offered in exchange must have clear access to the major district roads or highways and should not be land locked. In cases where the value of the temple land and the private land to be given in exchange was the same, the extent of the land to be exchanged must also be the same.
If the value of the land belonging to religious institutions is higher than the value of the land offered in exchange, the difference in value must be compensated in cash or larger extent of private land could be offered in order to equalize the value of the temple land.
Beyond faith: The contentious issue of temple lands in Tamil Nadu
Publication of notification
Rule 5 of the latest statutory rules also states that every proposal for exchange, sale, mortgage or lease of a temple land for a term exceeding five years must be published in the Tamil Nadu government gazette as well as the district gazette specifying all details related to the proposed transaction.
A public notice should also be issued inviting suggestions/objections, if any, with respect to the proposed transaction within 30 days and they must be duly considered by the HR&CE authorities. A speed post, with acknowledgement due, must also be sent to the individual trustees of the temple concerned.
Further, copies of the public notification issued under Rule 5 must be displayed in the HR&CE offices, in a conspicuous place at the temple concerned and on the notice boards of the jurisdictional local bodies besides issuing newspaper publications too, the new Rules state. Published - December 07, 2025
Rule 5 of the latest statutory rules also states that every proposal for exchange, sale, mortgage or lease of a temple land for a term exceeding five years must be published in the Tamil Nadu government gazette as well as the district gazette specifying all details related to the proposed transaction.
A public notice should also be issued inviting suggestions/objections, if any, with respect to the proposed transaction within 30 days and they must be duly considered by the HR&CE authorities. A speed post, with acknowledgement due, must also be sent to the individual trustees of the temple concerned.
Further, copies of the public notification issued under Rule 5 must be displayed in the HR&CE offices, in a conspicuous place at the temple concerned and on the notice boards of the jurisdictional local bodies besides issuing newspaper publications too, the new Rules state. Published - December 07, 2025
Temple lands can be alienated only if it is necessary, says Madras HC
Justices R. Mahadevan and P.D. Audikesavalu also clarify that a very religious and devout person cannot be non suited for the post of temple trustee merely on the basis of political connections
https://www.thehindu.com/news/national/tamil-nadu/temple-lands-can-be-alienated-only-if-it-is-necessary-says-madras-hc/article66941273.ece June 07, 2023 - CHENNAI Mohamed Imranullah S.
The Madras High Court has clarified that temple lands can be alienated only after establishing that such alienation is purely in the interest of the temple concerned and that there is no other option but to sell, mortgage, lease or exchange those lands to ensure uninterrupted performance of the rituals.
Justices R. Mahadevan and P.D. Audikesavalu issued the clarification at the instance of Hindu Religious and Charitable Endowments Department which urged the court to clarify eight out of 75 directions issued in a suo motu case on June 7, 2021 for safeguarding historical monuments including temples and their properties.
The 33rd direction issued in 2021 read: “The State government or HR&CE Commissioner, who are the trustee/administrator of the temple lands, shall not alienate or give away the lands contrary to the wish of the donor. The lands shall always remain with the temples. The public purpose theory shall not be invoked in cases of temple lands.”
Special Government Pleader N.R.R. Arun Natarajan urged the court to clarify this direction and permit alienation of temple lands strictly in accordance with the conditions laid down under Section 34 of the HR&CE Act so that temples would be able to yield income through its lands rather than leaving them barren.
Accepting his plea, the Division Bench ordered that alienation should be resorted to only if there was a necessity for the temple and not for the necessity of third parties. Requirements such as considering public objections to the proposal and obtaining government approval as well as HR&CE Commissioner’s sanction should also be complied with.
The Bench also clarified yet another direction and stated that mere political connections cannot be a ground for non suiting a person to the post of temple trustee if he was otherwise very religious and an ardent devotee who possesses all the qualifications required for such appointment under the HR&CE Act.
“It is pertinent to point out that a non-hereditary trustee can occupy a post only for a specific period. However, the existence of political domination would be evident from repeated and continuous appointment of same persons as trustees for several years... It would cast a spell of cloud over such appointment and hence, should be avoided,” the Bench wrote.
The judges also said the temple trustees too would fall under the definition of ‘public servant’ since they handle public money and property. Therefore, it was imperative to appoint persons with impeachable character and devotion towards the deity as non hereditary trustees of a temple, the Bench added. Published - June 07, 2023
Order banning sale of temple lands under review: Tamil Nadu HR&CE dept By: PTI Chennai | September 2, 2022
A submission to this effect was made by the Additional Government Pleader in the Madras High Court when a writ petition involving the Agricultural Market Committee, which had established an 'Uzhavar Sandhai' in Edappadi in Salem district, came up for hearing last week.
The Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) department has sought a review of a 2021 order of the Tamil Nadu government, which banned sale of landed properties of the temples across the state.
A submission to this effect was made by the Additional Government Pleader in the Madras High Court when a writ petition involving the Agricultural Market Committee, which had established an ‘Uzhavar Sandhai’ in Edappadi in Salem district, came up for hearing last week.
Originally, A Radhakrishnan had filed a writ petition praying for a direction to the Salem Agricultural Market Committee to forthwith hand over the land back to Sri Prasanna Nanjundeswarar Temple in Edappadi and consequently issue a direction to the government to take appropriate action against the Committee for having trespassed and occupied the property illegally from 2011.
When the matter came up recently,Justice R Subramanian was informed that pursuant to an order passed by a division bench on August 1 this year, the Market Committee had paid Rs 93.09 lakh, which is the value of the land that was in occupation by it for running the Uzhavar Sandhai (Farmers’ market), to the temple.
But the judge was informed that a division bench of this Court by its common order passed in June 2021 in a suo-motu writ petition had banned the sale of land belonging to temples. Therefore, as of today, the temple cannot alienate the land in favour of the Agricultural Market Committee.
At this juncture, the AGP representing the HR&CE department submitted it has sought review of the June 2021 order to enable the department to sell temple lands in appropriate cases. Necessary safeguards to prevent abuse of the power of the sale would also be imposed, he added.
The judge noted that since the Market Committee had occupied the land in the year 2010 without paying the land value, the Sale Deed has not been executed.
“I do not express any opinion on the said subject since the same is to be decided by the division bench in the Review Application. In view of the fact that the Sale Deed could not be executed as of today, the payment of interest on the land value is postponed and it will be decided as and when permission is granted to the temple to execute the Sale Deed under Section 34 of the Hindu Religious and Charitable Endowments Act.”
“In view of the substantial compliance with the claim of the petitioner, the writ petition will stand disposed of with a direction that the payment of interest alone is deferred to be decided as and when the Sale Deed is executed by the temple in favour of the Agricultural Market Committee,” the judge added.
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