Madras High Court stays construction on Kapali temple land
The Madras High Court wondered how the minister of Hindu
Religious and Charitable Endowment (HR&CE) could announce
the construction of a cultural center on land belonging to
Kapaleeswarar temple in Mylapore and stayed further
construction of the cultural center in the land.
A vacation bench of Justice GR Swaminathan and Justice PB
Balaji heard a petition moved by TR Ramesh, seeking to quash
the government order (GO) announcing to construction of a
cultural center on land belonging to Kapaleeswarar temple.
The petitioner contended that the issued G.O. is without
jurisdiction and is in contravention of the scheme and
provisions of the Tamil Nadu HR&CE Act, 1959.
The State cannot supplant the powers and duties of the
trustees and take any decision with regard to the management
and administration of the religious institutions including the
utilization of its funds and properties
As per rule 14 of the functioning board of trustees rules, all
administrative decisions can only be taken by the board of
trustees and no outside persons including the government and
HR & CE.
The construction of the cultural center would cause revenue
loss to the tune of Rs.10 Crore as annual rental income and
Rs.2.5 Crore as annual interest income, said the petitioner.
“How can a minister suo motu make the announcement? Can a
minister announce in the Assembly on how the temple fund can
be spent?” asked Justice Swaminathan.
Referring to the submissions of advocate Niranjan Rajagopalan
appearing for the petitioner TR Ramesh, the judge said the
temple fund can be utilized based on the decisions of the
trustees and ‘it can’t come top-down’.
Replying to the queries, the AG said, “The minister can make
the announcement in the public interest.” However, he noted
that such an announcement by the minister in the Assembly is
immaterial to the present case since the newly-elected trustees
passed a resolution for establishing the cultural centre in 2023
and the GO was issued subsequently.
When around 22 grounds (1.2 acres) of land is lying unutilized,
it can be tapped for public interest and developed for raising
the cultural centre which would generate income through
rentals, he added.
The bench again questioned whether someone would be
allowed to hold a “jeba koottam” (prayer gathering by
Christians) if they paid the rent at the proposed facility
The AG replied that only Hindu religious functions would be
allowed to be held in the cultural centre. Raman representing
the State had submitted that no construction will proceed
without proper permission.
After PS Raman submitted that the construction of the centre
would be put off till the PIL is disposed of, a vacation bench
headed by Justice GR Swaminathan and Justice PB Balaji
adjourned the hearing to the third week of June.
On Sept 4, 2023, the Tourism, Cultural and Religious
Endowment department released an order stating that a
cultural center will be constructed to showcase the traditions of
Tamil Nadu and hold religious events on a 22.80 ground extent
of land belonging to Kapaleeswarar temple at Greenways Road,
Raja Annamalai Puram. The government order also stated that
Rs. 28.76 Crores of the temple funds will be used to construct
the cultural center.
Recording the submission of the AG that the construction
activities would be put on hold till the PIL is disposed of the
bench adjourned the hearing to the third week of June.
The petitioner flagged violations of the provisions of the HR&CE
Act and the Rules in setting up the proposed cultural centre in
the land of Kapaleeswarar temple. Contending that temple
funds cannot be utilized for other purposes, he said the project
would result in the draining of the coffers of the temple.
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