Madras High Court To Hear Appeal Against Single Judge Order Allowing HR&CE To Take Over Ayodhya Mandapam

A Division Bench of Justice M Duraiswamy and Justice TV Thamilselvi of the Madras High Court were considering the appeals filed by Sri Ram Samaj claiming that the Mandapam is not a temple and cannot be taken over by the HR & CE.

Background

The petitioners had earlier filed W.P 449 of 2014 challenging the order passed by the Hindu Religious and Charitable Endowments Department appointing a "Fit Person" to look into the administration of M/s. Sri Ram Samaj.

The petitioners contented that M/s. Ram Samaj was not a temple and public was not worshiping in the Samaj. It was also contented that no idols are kept and no poojas are conducted as per Agama Sastra. Though functions are conducted on special days, they are in the nature of Homam and Vedha Parayanams and no idol consecration and worship according to any Agama Sastra are done.

The respondents on the other hand contended that the Samaj is a public temple as per Section 6(20) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. In the petitioner Samaj, idols are kept and regular poojas are conducted and general public come to the temple to participate in the poojas and worship therein. The petitioner receives huge amount and are collecting amount through hundial. These amounts are not accounted for.

They further contented that in order to rectify the mismanagement by members of Samaj, a Fit Person is appointed by the impugned order dated 31.12.2013 by the Assistant Commissioner, HR & CE, which is valid and legal and prayed for dismissal of the Writ Petition.

The Single Judge, after hearing both the parties opined that there was a dispute with respect to the installation of idols and poojas conducted by the petitioner and whether Samaj is a public temple or not. Holding that the court cannot decide upon the disputed questions of fact, the court dismissed the writ petition filed by the Samaj.

Based on this order, "Fit Person" took possession of the temple on 11.04.2022 in the midst of protests by BJP Cadres who claimed that the act of HR&CE was illegal as Ayodhya Mandapam was not a temple.

When the matter was taken up today, the court recorded the submission of the respondents that the school and the Marriage Hall belonging to the Samaj are functioning without any interruption. The respondents also submitted that the Samaj is kept open and necessary poojas are being conducted.

Mr.Sathish Parasaran, senior counsel appeared for the appellant whereas Mr.R.Shanmugasundaram, Advocate General assisted by Mr.N.R.R.Arun Natrajan, Special Government Pleader (HR & CE) appeared for the respondents 1 & 2, Mr.Sriram, counsel appeared for the 3rd respondent and Mr.T.S.Rajamohan, for the caveator/4 th respondent.

The court will take up the matter for further hearing on April 21.

Case Title: Sri Ram Samaj v. The Commissioner and Others.

Case No: WA 1057 of 2022