In a significant judgment, the Madras High Court has restrained the Hindu Religious and Charitable Endowment (HR&CE) Department from constructing a shopping complex on land belonging to the Arulmighu Nandeeswaram Thirukoil temple. The court emphasized that surplus funds of temples, as religious institutions, must be utilized strictly in accordance with the provisions of the HR&CE Act and cannot be diverted for purposes not specified within the Act.
Background of the Case
The petitioner, P. Bhaskar, identifying himself as a devotee of the temple and thus a "person with interest" under Section 6(15)(b) of the HR&CE Act, challenged the HR&CE Department's decision to construct a shopping complex using the temple's surplus funds. He contended that such an appropriation of endowment funds was contrary to the provisions of the Act, which delineates specific purposes for which temple funds can be utilized.
Court's Observations
The bench, comprising Chief Justice K.R. Shriram and Justice Senthilkumar Ramamoorthy, underscored the necessity of keeping temples free from unnecessary litigation. They noted that engaging in commercial ventures like constructing shopping complexes could lead to complications, including issues related to return on investment, eviction of tenants, recovery of unpaid rents, and prevention of encroachments. Such entanglements could divert the temple's focus from its primary religious and charitable functions.
Legal Provisions Cited
The court referred to specific sections of the HR&CE Act to substantiate its decision:
Section 66(1): This section specifies the purposes for which the surplus funds of a religious institution can be utilized. The court observed that constructing a shopping complex does not fall within the categories listed from (a) to (l) under this subsection.
Sections 36-A and 36-B: These sections provide additional provisions regarding the utilization of temple funds. The proposed construction did not align with the purposes outlined in these sections either.
Based on these provisions, the court concluded that the HR&CE Department's decision was not in compliance with the Act.
Implications of the Judgment
This judgment reinforces the principle that temple funds, especially surplus funds, are to be used strictly for purposes that align with the religious and charitable objectives of the institution as defined by law. It serves as a precedent to prevent the diversion of temple resources into commercial enterprises that could lead to legal and administrative complications, thereby ensuring that the sanctity and primary purpose of religious endowments are preserved.
Conclusion
The Madras High Court's decision highlights the importance of adhering to statutory provisions in the management of temple funds. By restraining the HR&CE Department from proceeding with the construction of a shopping complex, the court has upheld the principle that surplus funds of religious institutions must be utilized in accordance with the specific purposes outlined in the HR&CE Act, thereby safeguarding the interests of the devotees and the integrity of the temple's.
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