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Hearing a public interest litigation (PIL) filed by temple activist T. R. Ramesh challenging the legal validity of appointing Officers/Servants of the Hindu Religious and Charitable Endowments (HR & CE) Department to Hindu temples and endowments across Tamil Nadu, the Madras High Court today directed that trustees to the temples of Tamil Nadu be appointed as expeditiously as possible.

The Division Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu observed that, "It is for the trustees to decide the person to be engaged, whether temporarily or permanently, in temple complexes so that functioning of the temple is carried out in a desirable manner."

The petitioner had said that deputing HR & CE employees on deputation in temples, in addition to the Executive Officer, and paying their salaries from temple funds is impermissible and illegal.

He had averred that such postings as deputation under 'Foreign Services' in violation of Sections 23, 55(1), 56 and 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Rule 111 of the Fundamental Rules of the Government of Tamil Nadu as the 1959 Act does not permit any appointment of a Government Servant, except for the position of an Executive Officer, to any posts or positions in the Hindu Religious Institutions, by any authority.

He had also alleged that the payment of all salaries and allowances to the persons posted by the government to Hindu Temples are made from the funds of the respective temple which runs into multiple crores of rupees over many decades. 

He had stated that it constitutes a misuse of the funds of the said Hindu Religious Institutions and these are serious offences under Section 120B read with sections 405, 406, 408 and 409 of the Indian Penal Code and Sections 5 and 7 of the Religious institutions (Prevention of Misuse) Act, 1988.

Taking note of the petitioner's contentions, emphasizing upon the need for the urgent appointment of the Temple trustees, the court enquired the Madras Advocate General R. Shunmugasundaram on behalf of the State about the actions having been taken in this direction.

To this, the AG apprised the court that that advertisement had been issued for the purpose of constituting district-level Committees that would be responsible for inducting trustees at temples and further assured the Court that the process of setting the Committees would be completed within 4 weeks.

Addressing the petitioner's plea seeking stay on further appointment and engagement of any person in the temple complexes under the control of HR & CE Department, the court said that, "An injunction in such regard will be counterproductive since that may impede in the matter of administration and regular running of large temple complexes. "

The Court said, "Land and assets of the temples across the State have been in jeopardy for quite some time and any injunction of the nature sought by the petitioner may give an excuse to temple land grabbers to commit illegal acts without there being a person to protect the same. "

Therefore, stressing over the expeditious appointment of Temple trustees, Court directed for the matter to be listed in the second week of December and further held that the proposed district-level Committees would by then be in place and once they are there, the court may monitor the progress in the matter. 

Cause Title: T.R.Ramesh Vs the State of Tamil Nadu And Another.