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Flagging corruption in managing temple properties, Justice Subramaniam of the Madras High Court has pulled up the Hindu Religious and Charitable Endowments Department,  for mismanagement of Temple property belonging to Makaliamman Temple, Coimbatore.

The Court was hearing a plea of a person leasing a property in temple under Department.

The Court was hearing a plea by KA Shreedharan, a lessee occupying a property belonging to Makaliamman temple in Coimbatore. The petitioner prayed for a direction to the Department to furnish a copy of an order directing him to pay revised rent. However, the court held that the petitioner was possessing the property despite the agreement expiring in 1965. His effort to extend possession of the property to his son can never be allowed, said the judge, directing the temple authorities and the department to initiate proceedings within three months.

The High Court noted that the Court, being the custodian of the minor, is bound to protect the interest of the minor Deity, more specifically in Religious Institutions.

At the offset, the High Court pointed out that under Section 34 of the Act, the Competent Authorities/ Trustees are empowered to grant lease of the Temple property for the maximum period of five years. Beyond the period of five years, the lease  may be extended only with the prior approval of the Commissioner of HR&CE Department.  In the present case the lease expired in 1965 and there is no documents showing that the Commissioner of HR&CE Department allowed the petitioner to continue beyond the period of five years as contemplated under Section 34 of the Act. Thus the Court held that the petitioner has not established even a semblance of legal right, so as to entertain the writ petition. The petitioner has been in possession of Temple properties for about 61 years and an attempt is being made to extend the possession of the property to the son of the petitioner, which can never be allowed.

Pointing out the inaction of the Department the Court noted:

“This Court is witnessing day in and day out that the said illegal occupants are many and numerous...thus, the Courts are bound to draw factual inference that some Authorities are colluding with such Private Parties on various reasons and on extraneous considerations.”

“These offenders, who all are indulging in such illegal activities are forgetting that they are attempting to abuse the properties belongs to the minor Deity. Thus, the seriousness must be understood and to be sensitized by the Department and the actions on such illegalities are imminent,” the Court further noted.

Observing that the the Competent Authorities and the Trustees of the temple are not only committing a sin, but also infringing the right of the minor Deity, the Court noted:

“Great Souls donated their hard earned money to the Religious Institutions with a greater expectation that their donations will be utilised for the benefit of the temple and to the Devotees of the Temple”

The Court further pointed out that temple property should be used for purposes of the temple & directed the Temple Authorities and the HR&CE Department to initiate proceedings under Section 78 of the Act and conclude the same within a period of three month.

K.A. Sreedharan v. The Commissioner, Hindu Religious and Charitable Endowments