The Madras High Court has recently restrained the Tamil Nadu Hindu Religious and Charitable Endowments Department from building a shopping complex from the temple’s surplus funds. This shopping complex was being built on the land of Arulmighu Nandeeswaram Thirukoil. The court also said that temples should be kept away from litigation as far as possible.
A bench of Madras High Court Chief Justice KR Sriram and Justice Senthilkumar Ramamurthy stayed the construction of the shopping complex due to possible litigation. The bench said that if commercial premises are allowed, it may lead to complications like loss on investment, eviction of licensees/tenants, recovery of outstanding rents and prevention of encroachment.
Most importantly, the Court said that as per the HR&CE Act, the surplus funds of the temple can be used only for the purposes specified under Section 66(1) or Section 36A or Section 36B of the Act. and not for any other purpose. Construction of shopping complexes does not fall into any category. Therefore the decision should be cancelled.
Actually, a person named P. Bhaskar had filed the petition and said that he is a follower of the temple. He claimed that he was an interested person as defined under Section 6(15)(b) of the Act. The petitioner had challenged the decision of the Endowments Department. Bhaskar had claimed that the endowment could be appropriated only as per the provisions of the Act.
On this, the Endowment Department argued that the surplus funds related to the temple were being used for the construction of the shopping complex. However, the special government pleader argued that as per the first provision of Section 36 of the Act, the trustees will give priority to the specified purpose but can use the surplus funds for any purpose they deem appropriate, including development of a shopping complex. Construction is also included.
However, the court did not accept this argument. The court said that temple funds The construction of a shopping complex using does not indicate the promotion of religious principles by the institution. The purpose of these legal provisions is to propagate religious principles. Regarding the use of excess land, the court suggested that the department can consider planting native trees on it to improve the environment.
Since it was pointed out that a portion of the construction in the property had already been done and could be ruined, the Court ruled that the remaining construction could be done in such a way that it could be used to feed the poor .
The court also said that the building should not be used by the poor and needy hindus Can be done to organize marriage between. However, the Court emphasized that the surplus funds cannot be used for the construction of marriage halls in every case.
