CHENNAI: Holding that temple funds cannot be utilised for constructing commercial or residential buildings, the Madras High Court on Thursday directed the Commissioner of the Hindu Religious and Charitable Endowments (HR&CE) Department to issue circulars to all temple authorities in this regard.
The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan issued the directive while hearing a public interest litigation (PIL) petition filed by A B Palani of Villivakkam, Chennai.
The petitioner sought a direction restraining the authorities from constructing commercial or residential complexes on lands owned by the deity, Muthukumaraswamy of Kandhakottam, using the temple’s funds.
Counsel for the petitioner submitted that the court had earlier ruled that surplus temple funds should not be diverted for construction of commercial complexes and that such funds may be used only for purposes expressly provided under Section 66 of the HR&CE Act, 1955.
HC gives nod after AG says 80% of work over
He contended that despite this, the department had been raising commercial and residential buildings in violation of the order by using funds belonging to the Kandhakottam deity.
Advocate General P S Raman informed the court that 80% of the work had already been completed and that the project, which involved an investment of Rs 7 crore, could generate a monthly revenue of Rs 7 lakh.
Permitting the department to proceed with the construction, the bench added a rider that “such facilities shall be used only for devotees.” It further directed the HR&CE Commissioner to issue a circular instructing authorities not to use temple funds for building commercial complexes.
The court cautioned that contempt proceedings would be initiated if the commissioner failed to comply with the order.
