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Madras High Court today heard a batch of pleas alleging that the appointment of Trustees in Temples of Tamil Nadu is being done in contravention of Law as well as against the age-old customs of the Temples.

The Division Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu has directed the state government to file their counter affidavit on the issue within four weeks.

The Counsel for petitioner urged before the court that in absence of no new appointments of the trustees for the temples since 2011, the State appointed executive officer is indifferently continuing in place. He stated that according to the Rules of 2014, no executive officer can continue beyond 5 years.

The petitioners’ counsel averred that according to the Act if the Trustee is not appointed, then a fit person will be appointed in his place, so in place of doing the appointment, the State is making the Executive officer to continue in his place.

He argued that the executive officer stands in the shoes of the Trustee without being equally qualified for the position. He contended that it needs to be looked into whether such officer is eligible to appoint the employees of the temple including priests etc., which are otherwise appointed by the trustees according to the age-old customs and practices of the temple, for trustees are well trained for the rituals and regulations of the religious activities.  

The Petitioners have also challenged the Rules of 2020 which make provisions for the Commissioner to confirm all customs and rituals of the Temple. Counsel for petitioner argued that these Rules of 2020 are against Section 25 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (the Act).

The petitioner’s counsel also brought court’s attention to section 55 of the Act to which states that vacancies the office-holders or servants of a religious institution shall be filled up by the trustee, which is not being adhered to by the State.

Taking note of the petitioner’s contention, the court directed the State to file a counter affidavit.

(Case Title: K.Rizwan Ahmed Vs. The Authorised Officer)