Palani Murugan Temple Judgement of September 2020 and its Implications
- In Society
- 01:58 PM, Sep 26, 2020
- Surendranath C
T R Ramesh, President of Temple Worshipper’s Society, filed a writ petition challenging the authority of the Executive Officer of the Palani Dhandayudhapani Temple to call for tenders for housekeeping of the temple and its premises.
The main contentions of T R Ramesh were:
- The issuance of a housekeeping contract deprives devotees of their right to engage in ‘Uzhavara Pani’ – wherein devotees carry out maintenance and cleaning of the temple premises as an offering.
- The locus standi of the TN HRCE Commissioner to appoint an Executive Officer and have the Executive Officer function as a ‘Fit Person’ in the execution of all tasks that should rightfully vest with a Board of Trustees.
In this, The Honourable Justice G R Swaminathan, delivering his judgement from the Madurai Bench of Madras High Court has opined in favour of the petitioner T R Ramesh. In the judgement, there are certain observations and orders which will extend far beyond the suit and impact many of the temples under Government management in Tamil Nadu. Let us study the judgement and try to understand the implications.
Pertinent Observations and Decisions of the Bench
- The court has held that the responsibility of managing all aspects of temples vests with a Board of Trustees, hereditary and non-hereditary.
- A Fit Person may be appointed only in the event of a hiatus between dissolution of a Board and constitution of a successor Board of Trustees.
- Such an appointment is a temporary measure for tiding over a period of difficulties. There is no provision in the law for continuing with an Executive Officer as Fit Person for a period of 9 years as has happened in the case of the Palani Dhandayudhapani temple.
- The Bench has observed that the Government’s continuing with appointing Executive Officers and letting all discretionary administration vest with the Executive Officer is a subversion of the statutory scheme.
- Furthermore, the judgement is concluded with this direction – “The State Government as well as the controlling authorities will take all possible steps to ensure that the board of trustees is constituted for the second respondent temple as early as possible.”
What does this Mean?
This judgement, unless challenged by the Government of Tamil Nadu, will be held as a precedent in the management of all 44121 institutions under the management of the Tamil Nadu Hindu Religious and Charitable Endowments Board.
The break up is as follows:
Type of Institution |
Number |
Temples |
41,746 |
Jain Temples |
19 |
Holy Mutts |
309 |
Temples attached to Holy Mutts |
492 |
Charitable Endowments |
897 |
Specific Endowments |
658 |
It is now incumbent upon the Government to ensure that each of these institutions is placed under the care of a duly constituted Board of Trustees.
Along with these, there are more than 54 educational institutions, which include special pathashalas for music, Saiva Thevaram and Vedas and Agamas. Additionally, these temples and institutions have 44 social welfare institutions such as hospitals, child care institutions under their control.
Each temple has specific rules regarding the qualifications of trustees. The nature of the endowments, grant notifications and documentation must be studied and trusts constituted appropriately. Wherever hereditary trustees from clans that have contributed and sacrificed for the temple and for the faith have to be given authority, natural justice must be done. At the same time, the rules must be updated in order to fulfil social justice needs, including having more representation across castes and genders.
The kind of property, wealth and social institutions at stake are such that this seemingly daunting task has to be taken up with no more delay.
Postscript: The Government of Tamil Nadu has got a stay against this judgement issued from the High Court. We must wait to see how the legal process continues.
Acknowledgement: The author acknowledges T R Ramesh and Sai Deepak in helping him understand the nuances of the judgement.
Image Credits: Deccan Chronicle
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