The Madras High Court has dismissed a challenge to Section 10A of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, which prohibits the grant of ryotwari patta in respect of private tanks, ooranis, and ponds, even when historically linked to temples.
A Division Bench of Justices SM Subramaniam and AD Maria Clete rejected the plea by the hereditary trustee of the Madhu Sri Akkabai Ammani Ghadge Rao Trust, which manages the Somanathar Temple in Thanjavur. The Trust claimed ownership over a water tank gifted to the temple in 1932 and argued that denial of patta violated its property and religious rights under Articles 25 and 26 of the Constitution, since the tank was solely used for temple rituals and never for irrigation.
The Court held that Section 10A served a legitimate public purpose by vesting all water tanks in the State to preserve them as environmental commons, thereby preventing their fragmentation into private holdings. It emphasised that tanks—whether used for religious purposes or otherwise—play a vital ecological role by storing water, recharging groundwater, and supporting agrarian life.
Rejecting the contention that religious rights were infringed, the Court clarified that the provision does not bar ritual use of the tank by the temple, but merely withholds exclusive proprietary ownership. Articles 25 and 26, it noted, protect the right to practice and manage religious affairs, not an absolute right to retain property historically associated with religious use.
The Bench also dismissed arguments that Section 10A was colourable legislation or violative of the constitutional right to property. It found that the provision was consistent with the parent Act—already upheld by the Supreme Court—and advanced the Directive Principle in Article 39(b), ensuring that material resources are distributed for the common good.
The State government, represented by Special Government Pleader SP Maharajan, contended that the tank was not exclusively used for rituals, pointing to past auctions for fishing rights. Counsel Niranjan S Kumar and V Balaji appeared for the petitioner.
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