Shahin Akhtar
The Madras High Court has held that the State’s move to vest water tanks with the Government does not infringe upon religious freedoms, even when such tanks have been historically linked to temple rituals. The ruling came while dismissing a plea filed by the hereditary trustee of the Madhu Sri Akkabai Ammani Ghadge Rao Trust, which manages the Somanathar Temple in Soorakottai, Thanjavur.
The dispute centered on a water tank gifted to the temple in 1932, which the temple argued had been used solely for religious rituals. The trustee sought recognition of ownership through a ryotwari patta. However, under Section 10A of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, pattas cannot be granted for private tanks, ponds, or ooranis.
The petitioner claimed this denial amounted to a violation of religious rights under Articles 25 and 26 of the Constitution, since the water was integral to temple worship. It was also argued that the provision was a form of colourable legislation, indirectly taking over religious property without compensation.
Rejecting these arguments, Justices SM Subramaniam and AD Maria Clete noted that water tanks serve vital ecological and community functions, such as storing rainwater, recharging groundwater, and sustaining agriculture. The Bench emphasised that allowing exceptions based on religious use would undermine the larger public interest in preserving water bodies as shared resources.
The Court further clarified that while the temple was free to draw water from the tank for rituals, it could not claim exclusive ownership. “Freedom to practise religion does not equate to a proprietary right over natural resources,” the judges observed.
The State Government also highlighted that the tank had been used for purposes beyond rituals, including public auctions for fishing rights in earlier years. The Court agreed, noting that the law had already been upheld by the Supreme Court in S. Thenappa Chettiar v. State of Tamil Nadu, (1986) 4 March, 1986 AIR 1117.
Case Name: Madhu Sri Akkabai Ammani Ghadge Rao v. State of Tamilnadu
Case Number: W.P.(MD)/9605/2009
Bench: Hon’ble Mr. Justice S.M. Subramaniam and Hon’ble Dr. Justice A.D. Maria Clete
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