Surplus Funds Of Temple Can’t Be Used To Construct A Shopping Complex: Madras High Court
The Madras High Court was dealing with a Public Interest Litigation (PIL) being filed by a devotee of Nandhivaram Shivan Temple.
The Madras High Court held that the surplus funds of a temple cannot be used to construct a shopping complex.
The Court held thus in a Public Interest Litigation (PIL) which was filed by a devotee of Nandhivaram Shivan Temple, Chennai, pursuant to a Tender Notification published in a newspaper “New Indian Express” in the year 2023.
A Division Bench of Chief Justice K.R. Shriram and Justice Senthilkumar Ramamoorthy observed, “… we make it clear that surplus funds of temple, which is a religious institution defined under the HR & CE Act, can be used only for the purposes specified in sub-section (1) of Section 66 or provided under Section 36-A or Section 36-B and for no other purpose. … Since the shopping complex does not fall within the category of items (a) to (l) of sub-section (1) of Section 66 or Sections 36-A and 36-B, the decision to construct a shopping complex has to be quashed and set aside.”
Advocate B. Jagannath represented the Petitioner while Government Advocate Habeeb Rahman and Special Government Pleader (SGP) N.R.R. Arun Natarajan represented the Respondents.
Factual Background
The Petitioner, a devotee of Nandhivaram Shivan Temple, situated at Guduvancherry, Chennai, stated that he was a person with interest as defined in Section 6(15)(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (HR & CE Act). He claimed that he is an ardent saivaite and performs utsavams as upayadarar as a matter of faith and devotion towards Lord Shiva. The Arulmighu Nandeeswarar Shivan temple situated at Nandhivaram, Guduvancherry, falls under the jurisdiction and administrative control of the HR & CE Department. The temple is dedicated to Lord Shiva and thousands of devotees visit the temple every day. The area is called Nandhivaram after Nandeeswarar Shivan temple. The temple has lands endowed by the devotees for dedicated specific religious charitable purpose.
Shri Pudu Palayathu Amman temple is not under the control of the HR & CE Department and is situated near the Shivan temple. The said Amman temple is run by a religious trust unconnected with the HR & CE Department and the Petitioner was the Secretary of the said temple. It was stated that there is a plot of land belonging to Shivan temple, which is adjacent to the said Amman temple and in this case, the said vacant land was sought to be utilized by the HR&CE Department for construction of a commercial shopping complex. The Petitioner’s case was that the surplus funds of temple could be utilised only for such purposes as provided under HR&CE Act. Hence, he was before the High Court.
Reasoning
The High Court in the above context of the case, said, “Though we are not entirely competent to advice the HR & CE Department, certainly, the first thing that comes to our mind is the environment challenges that the world faces – deforestation. HR & CE Department could consider planting native trees so that it improves the environment.”
The Court further noted that Section 36-A provides that notwithstanding anything contained in Section 36, the religious institution may, in addition to the purposes mentioned in Section 36, appropriate any portion of the surplus funds referred to in Section 36 for the performance of Hindu marriages among Hindus, who are poor and in needy circumstances.
“Section 36-A provides that notwithstanding anything contained in Section 36, the religious institution may, in addition to the purposes mentioned in Section 36, appropriate any portion of the surplus funds referred to in Section 36 for the performance of Hindu marriages among Hindus, who are poor and in needy circumstances”, it added.
Directions
The Court, therefore, directed that the HR & CE Department may complete the construction of the building in such a way that the building shall be used as a centre for feeding the poor.
The Court also ordered that since the building has partly been constructed, the building can also be utilized for conducting Hindu marriages among Hindus who are poor or in needy circumstances.
“We clarify this does not mean that in every case the surplus funds can be utilized for constructing marriage halls”, it clarified.
Accordingly, the High Court disposed of the Writ Petition and issued necessary directions.
Cause Title- P. Bhaskar v. The District Collector & Ors.
