T.R.RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) As per the administrative order of the Hon'ble Chief Justice dtd. 30/11/2018, this writ petition was posted along with a batch, relating to the protection, maintenance and sustenance of the ancient temples, idols, temple lands, murals and other places/ articles, which all are of archaeological and historical importance, under the caption 'specially ordered cases' and arguments were heard. However, for better understanding, this Court proceeds to pass separate orders in each of the writ petitions.

(2.) The petitioner has filed this writ petition as a Public Interest Litigation to issue a writ of declaration, declaring the Management and Preservation of Properties of Religious Institutions Rules, 1964 (G.O.P.No.1837, Revenue dated the 10/7/1964) as ultra vires Sec. 116(2)(xvii) and 116(2)(xix) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently forbear the respondents 1 and 2 from in any manner carrying out the civil works including construction, renovation, restoration, conservation, repairs etc., inside and adjacent to temple premises and its properties till the necessary rules as required for the purposes described in Sec. 116(2)(xvii) and (xix) are framed, notified and approved by the State Legislature.

(3.) It is the case of the petitioner that there are around 44,000 temples in the State of Tamil Nadu. The Hindu Religious and Charitable Endowments Department (in short, 'the HR&CE Dept') is the custodian of the temples and its properties and it is their primary duty to protect, maintain and safeguard the same and to ensure that such temples and endowments are properly administered and the income derived there from is duly appropriated for the purposes for which they were founded or exist. However, it failed to do so and is carrying on several activities within the temples including renovation, alteration and construction of the buildings, changing the icons, statues and other objects, without having any authority and in violation of the powers vested under the Hindu Religious and Charitable Endowments Act (for brevity, 'the HR&CE Act').