HR&CE dept. can inquire into maladministration of denominational temples too, rules Madras High Court

The Hindu Religious and Charitable Endowments (HR&CE) department may not be entitled to interfere with the religious practices in a denominational temple but it is bound to conduct inquiry and initiate appropriate action if there were complaints of financial irregularities in the temples which collect contributions/donations from the devotees, the Madras High Court has held.

A Division Bench of Justices S.M. Subramaniam and Mohammed Shaffiq held so while setting aside a single judge’s June 26, 2024, order permitting the management of Prasanna Venkata Narasimma Perumal Temple at West Saidapet in Chennai to lease out one of its properties to a private individual without obtaining a No Objection Certificate (NOC) from the HR&CE Commissioner.

Allowing a writ petition filed by the lessee, who was aggrieved over the Saidapet Sub-Registrar’s refusal to register the lease deed without the production of the NOC, the single judge had held that there was no necessity to obtain permission under Section 34 of the Tamil Nadu HR&CE Act of 1959 when the institution concerned was a denominational temple and the lease period was only three years.

However, on an appeal filed by a third party, the Division Bench said, the HR&CE department was entitled to conduct an inquiry when there were complaints of maladministration by the temple management. Though the temple claimed that it does not receive public contributions, the judges recorded the submission of Special Government Pleader (HR&CE) N.R.R. Arun Natarajan that it does receive donations.

The SGP told the court that the public character of the temple was established in another writ petition as well as a writ appeal wherein it was clearly held that it does receive public contributions. When a temple assumes character of a public institution, the State was duty-bound to step in if there were complaints of maladministration of properties belonging to the temple.

After recording his submissions, the Bench set aside the single judge’s order directing the Sub-Registrar to register the lease deed and directed the HR&CE Commissioner to appoint an officer not below the rank of Additional Commissioner to inquire into the allegations of financial irregularities. The Commissioner was further directed to complete the inquiry within four weeks and initiate appropriate action thereafter.

“Till the Commissioner takes a decision and passes orders, no further alienation/lease of property or creation of any interest is to be made by the temple administration,” the Division Bench ordered.