T.R.RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The public interest litigation has been filed to seek a writ of mandamus forbearing the respondents from appointing government servants for the administration of temples and, at the same time, to refund the salaries, allowances and perquisites paid from the temple funds. A challenge to the order dtd. 12/6/2021 passed by the second respondent has also been made.

(2.) The petitioner, appearing in person, submits that as per the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [for brevity, "the Act of 1959"], the trustees alone are having competence to appoint employees for the administration of the temple. A reference has been given to Sec. 55(1) of the Act of 1959 to buttress the argument. In the instant case, the government employees are being transferred by the Commissioner, Hindu Religious and Charitable Endowments Department, to look after the administration of the temple. No power vests with the Commissioner, Hindu Religious and Charitable Endowments Department, to transfer any government employee for the administration of the temple and, that too, for years together. The power of appointment against the vacancies, whether temporary or permanent, lies only with the trustees.

(3.) The petitioner, appearing in person, further submitted that the fit person also cannot appoint employees in temples and otherwise, the fit person cannot continue beyond the period of ninety days or in any case beyond the tenure of the trustees. However, in many temples the fit person is continuing to administer the temple beyond the tenure of the trustees.