Temple land will always remain with Temples : Madras High Court

Chennai –“Temple land cannot be given away to anybody against the wish of donors. The land will always remain with the Temple. The ‘Public Purpose’ theory should not be invoked over temple lands for acquisition as the community interests generally rest with such lands”, observed a Division Bench of Madras HC comprising Justices R Mahadevan and PD Audikesavalu. The Bench addressed the State Government, HR&CE department, and the Commissioner in its order.

Temples are testimony of pride and knowledge, govt cannot use temple land for any purposes other than religious functions, says Madras HChttps://t.co/Wym1V9vzCA

— OpIndia.com (@OpIndia_com) November 7, 2020

Emphasising the need to preserve cultural heritage, the Madras High Court has issued a set of 75 directions to the State of Tamil Nadu to ensure that ancient temples and ancient monuments in the State are properly maintained. The orders were passed on a suo motu public interest litigation petition taken up by the Court based on a reader’s letter titled ‘The Silent Burial’ published in ‘The Hindu’ on 8th January 2015. The suo moto case was initiated by the former Chief Justice Sanjay Kishan Kaul. (It is shameful that the petition was taken cognisance by a former Chief Justice and not by any Hindu organisation or a devout Hindu – Editor)

The Court also directed the authorities to take stock of the list of leaseholds and encroachments over temple lands, and take immediate steps for recovery of rent arrears, eviction of defaulters and encroachers.
A list of defaulters with the arrears due from them must be prepared within 6 weeks and the same must be published on the website. Appropriate action must be taken against the errant Government officials of the Central as well as State Departments and officers under the HR&CE Department for not removing the encroachments in the protected and regulated area, within a stipulated period of 8 weeks.

The Court criticised the departments of HR&CE (Hindu Religious and Charitable Endowments) and the Archaeology for not doing enough for the upkeep of ancient temples and Idols !

The Court said, “There is no additional burdern on the temple management to protect the grand and ancient temples and monuments, yet they are not protecting. . The custodians of grand and ancient temples and ancient monuments are least bothered, and the conservation of our valuable heritage is deteriorating not due to any natural calamity or catastrophe, but due to reckless administration and maintenance under the guise of renovation.

It is startling to find that the HR&CE department with all its income from major temples has not been able to maintain historical temples and safeguard the Idols, which in market have antique value based on their age. Some temples in the State have also been recognised by the UNESCO as heritage sites. Many temples constructed at least 2,000 years ago or much before, recognised by UNESCO are in ruins. Neither the Archaeology Department nor the HR&CE Department has shown interest to identify and protect them.

Temple funds must be used for temples only

The Court further said, ‘The funds of the temples shall first be utilised for the maintenance of temples, conducting temple festivals, payment to its staff including the archakas, oduvars, musicians, folklore and drama artistes.’ The Court also passed directions to the HR&CE Department for the proper audit of temple assets.

Establishment of Special Tribunal under HR&CE Act

The Court directed the formation of a Special Tribunal under the Tamil Nadu Hindu Religious and Cultural Endowments (HR&CE Act) to exclusively deal with matters relating to temple such as disputes on religious affairs, culture, tradition, heritage, recovery of pending rent, the validity of lease, illegal encroachment and other temple and Mutts land issues. The Bench further directed that a High-level committee must be formed to review the HR&CE Act once in three years to make necessary amendments, however, subject to judicial review.

Constitute Heritage Commission

The Bench directed that the State should constitute a 17-member Heritage Commission within two months, and declared that no structural alteration or repair of any monument, temple, Idol, sculpture or murtis notified either under the Central Act or the State Act should take place without the sanction of the Commission.