HR&CE dept. can inquire into maladministration of denominational temples too, rules Madras High Court

The Hindu Religious and Charitable Endowments (HR&CE) section whitethorn not beryllium entitled to interfere with the spiritual practices successful a denominational temple but it is bound to behaviour enquiry and initiate due enactment if determination were complaints of fiscal irregularities successful the temples which cod contributions/donations from the devotees, the Madras High Court has held.

A Division Bench of Justices S.M. Subramaniam and Mohammed Shaffiq held truthful portion mounting speech a azygous judge’s June 26, 2024, bid permitting the absorption of Prasanna Venkata Narasimma Perumal Temple astatine West Saidapet successful Chennai to lease retired 1 of its properties to a backstage idiosyncratic without obtaining a No Objection Certificate (NOC) from the HR&CE Commissioner.

Allowing a writ petition filed by the lessee, who was aggrieved implicit the Saidapet Sub-Registrar’s refusal to registry the lease deed without the accumulation of the NOC, the azygous justice had held that determination was nary necessity to get support nether Section 34 of the Tamil Nadu HR&CE Act of 1959 erstwhile the instauration acrophobic was a denominational temple and the lease play was lone 3 years.

However, connected an entreaty filed by a 3rd party, the Division Bench said, the HR&CE section was entitled to behaviour an enquiry erstwhile determination were complaints of maladministration by the temple management. Though the temple claimed that it does not person nationalist contributions, the judges recorded the submission of Special Government Pleader (HR&CE) N.R.R. Arun Natarajan that it does person donations.

The SGP told the tribunal that the nationalist quality of the temple was established successful different writ petition arsenic good arsenic a writ entreaty wherein it was intelligibly held that it does person nationalist contributions. When a temple assumes quality of a nationalist institution, the State was duty-bound to measurement successful if determination were complaints of maladministration of properties belonging to the temple.

After signaling his submissions, the Bench acceptable speech the azygous judge’s bid directing the Sub-Registrar to registry the lease deed and directed the HR&CE Commissioner to name an serviceman not beneath the fertile of Additional Commissioner to inquire into the allegations of fiscal irregularities. The Commissioner was further directed to implicit the enquiry wrong 4 weeks and initiate due enactment thereafter.

“Till the Commissioner takes a determination and passes orders, nary further alienation/lease of spot oregon instauration of immoderate involvement is to beryllium made by the temple administration,” the Division Bench ordered.