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Duty of courts to protect properties of religious institutions from wrongful claims: Kerala High Court

The Court observed that the government, members of the boards/trusts, devotees and the Courts itself must be vigilant to prevent such encroachments which it opined occurred often and possibly with collusion of the authorities.

Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fences eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation,” the Court said in its judgement.

Source: Barandbench

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