State can inquire into mishandling of funds in private temples, rules Madras HC
CHENNAI: A division bench of the Madras High Court has held that the state can intervene if there is maladministration or misappropriation of funds in temples managed by private persons because such temples become public institutions if donations from the public are received. A bench of justices S M Subramaniam and P Dhanabal gave the ruling recently while disposing of an appeal filed against a single judges order dated November 30, 2022, on proper management of the Vembiamman Temple at Gingee in Villupuram district. However, the state cannot intervene in the religious affairs of rituals and customs of such temples, the division bench said. The dispute in managing the affairs of the temple arose between managing trustee R Thennarasu and another person, R Thirumurugan. When Thennarasu found no action was taken against Thirumurugan based on a representation he submitted to the district, he filed a writ petition in the high court in 2022. The court ordered the latter not to interfere with the affairs of the temple, besides directing the HR&CE department to look into the issue of rights over the temple. Challenging this order, Thirumurugan filed the appeal questioning the single judges orders and the powers of HR&CE department. The division bench explained that Section 6(20) of HR&CE Act defines temple as a place, by whatever designation known, of public religious worship and dedicated to, or for the benefit of, or used as of right by, the Hindu community or of any section thereof. The facts of the present case are that the temple is admittedly constructed in a grama-natham land and the land belongs to villagers. In other words, it is a common public land. It is further not in dispute that whole villagers are worshipping deities in temples and contributing for conduct of poojas, festivals, functions, etc, it noted. When public contributions/donations have been accepted, the temple assumes the character of a public institution. If public contributions are involved, the state can intervene in case of maladministration or misappropriation of funds, following the procedure as outlined in the Act and Rules, and take necessary actions. Right to administer the temple would not include maladministration, the bench said in the order. However, it added the department has no power to interfere with the religious practices or performance of poojas in the temple, which is to be done as per the custom and practice prevailing among the villagers and adopted in the temple.
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