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A Madras High Court bench headed by Chief Justice Munishwar Nath Bhandari and consisting of Justice Bharatha Chakravarthy has set aside Tamil Nadu government’s bid to take over Ayodhya Mandapam, the court has further directed the government to hand over its possession Sri Ram Samaj.

A single judge of the Madras High Court had allowed the Hindu Religious and Charitable Endowment (HR & CE) department to appoint a ‘Fit Person’ to take over the administration of the temple. Sri Ram Samaj, the society which runs Ayodhya Mandapam, appealed against the order of the single judge on the ground that  the Mandapam is not a temple and cannot be taken over by the HR & CE department.

Sathish Parasaran, senior counsel for the petitioner, contended that Ayodhya Mandapam was not a temple and the public was not worshiping in the Samaj. It was also contended that no idols were placed and no poojas were conducted as per Agama Sastra. Only functions were conducted on special days/occasions, they are in the nature of Homam and Vedha Parayanams, and no idol consecration and worship according to any Agama Sastra was done.

R. Shanmugasundaram, Advocate General (AG) for the respondent contended that the Samaj is a public temple as per Section 6(20) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Shanmugasundaram added that in the petitioner Samaj, idols are kept and regular poojas are conducted and the general public come to the temple to participate in poojas and worship. AG further stated that the petitioner receives a huge amount and has been collecting the amount through hundial. These amounts are not accounted for.

AG Shanmugasundaram asserted that in order to rectify the mismanagement taking place by the members of Samaj, a Fit person is to be appointed by the impugned order of December 31, 2013, by the Assistant Commissioner, HR & CE, which is valid and legal, and hence, prayed for the dismissal of the writ petition.

When the matter was taken up on April 12, 2022, the court recorded the submissions of the respondent that the school and the Marriage Hall belonging to the Ram Samaj are functioning without any interruption. The respondents further submitted that the Samaj is kept open and necessary poojas are being conducted.

According to the sources, the division bench has also given liberty to HR&CE to conduct a fresh inquiry. The division bench has further held that the docs on record show that the Sri Ram Samaj was served with a show cause notice by HR&CE on May 22, 2013 and that the the original notice however does not mention the allegations mentioned against the institution that prompted them it to be brought under the HR & CE department.
The court has further held that the society has  disclosed therein includes the conduct of Ram Navami Utsav apart from other activities and that it has also kept photographs of gods and goddesses. The court has held that It is given to be known that prior to the action of the HR&CE department at the instance of the Complainant, there was already a complaint in the year 2004 and the same was quashed. However the department has taken it up without checking the authenticity of the complainant.

[To be updated once order is made available by the court.]

Case Title: Sri Ram Samaj v. The Commissioner and Others.