‘Temple funds and buildings are to be utilised only for religious purposes’

The Madurai Bench of the Madras High Court has ordered an interim injunction against construction that included a restaurant, cottages and shops using surplus temple funds in the vicinity of Kallazhagar Temple at Alagarkoil in Madurai.

The court was hearing a public interest litigation petition filed by Venkatesh Sowrirajan of Nagapattinam district. The petitioner challenged the G.O. issued in this regard and sought a direction to restrain the authorities from carrying out any works that were in contravention to the Hindu Religious and Charitable Endowments Act.

A Division Bench of Justices S.M. Subramaniam and G. Arul Murugan observed that a perusal of the G.O. revealed that there is no clear indication about the usage of the buildings for religious purposes. The temple funds and buildings are to be utilised only for religious purposes.

Whenever a project / building is undertaken from and out of the religious funds, the religious purposes for which the buildings are going to be utilised must be clearly stated in the notification.

Unilateral decisions of the HR and CE Department in religious matters are impermissible since the temple funds are not public funds or the government funds, the court observed.

It is the funds belonging to the deity, who is a minor. Thus, the utilisation of temple funds must be strictly for religious purposes and by following procedures contemplated under the Act and Rules. Since the notification does not speak about any such details regarding religious purposes, the court is inclined to grant an interim injunction, the judges observed.