Supreme Court rejects appeal against leasing out Kolathur Somanathaswamy Temple land to establish college

The Supreme Court on Friday refused to intervene in a Madras High Court decision to dismiss a plea against the leasing out of 2.4 acres of land, belonging to the Somanathaswamy Temple at Kolathur in Chennai, to the Mylapore Kapaliswarar Temple to establish an arts and science college.

A Bench of Justices Vikram Nath and Sandeep Mehta dismissed the special leave petition filed by temple activist T.R. Ramesh, who had challenged the long-term lease of the land of Somanathaswamy Temple, Kolathur, for a period of 25 years in favour of the Executive Officer of Kapaliswarar Temple, Mylapore to set up the college.

Mr. Ramesh had argued that the transaction was not in conformity with the requirements of Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Rule 2 of the Alienation of Immovable Trust Property Rules, 1960.

He had appealed a February 2025 decision of a High Court Division Bench which had rejected his plea after observing that the advantages of the transaction between the two temples would outweigh the procedural infractions involved in the leasing process.

In his petition before the apex court, the petitioner had argued that the proposed transaction violated the mandatory prior requirement of publication of all the relevant details.

He argued that the persons of interest, including believers, worshippers, stakeholders and devotees interested in the temple, were deprived of their legal right to raise substantial objections and make useful suggestions in respect of the proposed transaction for the benefit of the temple.

Mr. Ramesh contended that critical information was omitted, including the proposed and decided rent for the lease as per the prevalent market value and the manner in which the generated revenue would be utilised for the benefit of the Somanathaswamy Temple.

However, the High Court had recorded the submission of senior counsel R. Shunmugasundaram, assisted by Special Government Pleader (Hindu Religious and Charitable Endowments department), that the temple land was leased out for a period of 25 years at a monthly rent of ₹3.19 lakh.

The High Court had also been told that the monthly rent would be increased by 15% every three years and that the college had already begun functioning from the academic year 2021-22. The senior counsel had briefed the High Court that 743 students were pursuing undergraduate and postgraduate courses in the college.