Make Every Effort To Protect Temple Properties Across State, Mobilize Funds To Maintain/Restore Temples: Madras High Court Directs Govt.

The Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha specifically observed,

"Temple lands often fall into disuse and are encroached upon and waterbodies within temple lands become virtual public properties without any protection. It is imperative that appropriate measures are taken in such regard all over the State."

The matter before the Court

The Court was hearing a plea seeking directions to State Government, among others, to constitute Committees to inspect the records maintained by Hindu Religious and Charitable Endowments Department Officials all over the State as well as the records maintained by Arulmigu Subramaniaswamy Thirukoil Temple and other temples all over the State.

The Plea further sought directions to secure and safeguard the interest of the temples all over the State and to direct Commissioner, Hindu Religious and Charitable Endowments Department to initiate appropriate departmental action as against the erring officials who are held responsible for the missing of temple records and properties.

Court's observations

The Court took into account the response of the respondent authorities who submitted before the Court that following petitioner's representation, the Principal Secretary in the department had issued substantive directions.

Noting thus, the Court said,

"For the moment, no immediate action is called for, if only to allow the steps suggested by the Principal Secretary to be implemented. It must be emphasized, however, that every effort should be made by the relevant department to protect temple properties all over the State, to mobilize the funds for the purpose of the maintenance, upkeep and even restoration of temples."

Further, the Court remarked that in view of the Principal Secretary's directions and suggestions, no immediate action is called for.

However, the Court granted the liberty to the petitioner to approach the Court after the passage of reasonable time, if the measures have not resulted in any improvement at the ground level.

Significantly, the Court directed that in the event the petitioner seeks a general direction pertaining to the temples all over the State, the matter should be moved before the principal seat.

The Court made this observation as it noted that while Public Interest Litigations pertaining to the districts covered by the Madurai Bench of the High Court of Madras could be instituted before the Madurai Bench of the HC, but, when pan–State matters are the subject-matter of any litigation, including the public interest litigation, they should be carried to the principal seat of the Court

With this, the petition was disposed of.

Case title - A. Radhakrishnan v. The Secretary to Government Personnel and Administrative (Inspections) and others [W.P.(MD) No.4725 of 2021 and W.M.P(MD)No.3833 of 2021]

Click Here To Download Order

Read Order