CHENNAI: Questioning the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) department's take over of the administration of the Ayodhya Mandapam in Chennai, the Madras High Court on Tuesday said it would quash the orders of the department, and a single judge who dismissed a petition against the order for taking over the facility.
The first bench headed by Chief Justice Munishwar Nath Bhandari, which heard the matter, will pronounce the orders on an appeal filed by the Sri Ram Samaj, on Wednesday. When the appeal came up for hearing on Tuesday, senior counsel Sathish Parasaran, representing the Samaj, said the idols in the mandapam at West Mambalam were not consecrated to warrant action.
He blamed the concerned authorities for not following the procedures in a fair manner as they did not cite the allegations in the show cause notice, and failed to serve a copy of the complaint. He also questioned the single judge's order dismissing the petition filed against the 2013 order of the HR&CE to take over the administration.
Advocate General R Shunmugasundaram countered his arguments and said the action was initiated following complaints from a former office-bearer regarding financial mismanagement at the mandapam.
He pointed out that the department's action to issue orders to take over the facility was on the grounds that the mandapam carried out religious activities, installed idols, held worships, kept a hundial for collecting donations, and committed irregularities in the management of funds. Though they had a proper remedy (available through the department), the Samaj did not explore it, Shunmugasundaram noted.
However, the CJ asked what business the government has in a private hall, and further pointed to the show cause notice issued without details of allegations. Disagreeing with the AG's arguments, he further stated a petition could not be dismissed citing "availability of remedy" after keeping it for eight years. He said the orders of the department to take over the facility, and the order of Justice VM Velumani dismissing the petition would be set aside. However, the government can hold a fresh inquiry by following due procedures and proceed further, he added.
The Ayodhya Mandapam was taken over by the HR&CE department recently amidst protests, after the single judge dismissed a writ petition filed by the Samaj against the order of the department passed in 2013. The 2013 order was based on allegations made by a former president of the Samaj.