The procedure for deployment of funds under Section 97 and Rules 3-6 applies only to specific purposes, and not to all purposes specified in Section 66.

JUDGMENT :

Anita Sumanth, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Certiorari, Calling for the records relating to G.O.(Ms) No.169 Tourism Culture and Religious Endowments (R.E.1-2) Department issued by the 1st and 3rd respondent dated 14/12/2020 and quash the same.

1. The petitioner is a registered Trust constituted with the laudable objects of propagating and protecting the ethos of Indian culture, tradition, human values, unity and brotherhood, providing for education, art and scientific endeavour, relief to victims of calamities including medical assistance, promotion of traditional medicine, welfare of the families of martyrs, preservation of heritage and dissemination of the teachings of saints and leaders, among other similar and related objectives.

2. The Trust is in existence since June 2017. The status of the Trust, as a troubleshooter of issues both social and otherwise, that concern and touch upon varied aspects of Indian society and economy, does not appear to be in dispute. It has initiated litigation questioning and seeking the intervention of the Courts in India on varied issues ranging from the firecracker ban to the deportation of Rohingyas, to a challenge to Section 370 of the Constitution of India, the constitutional validity of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (HR & CE Act) and connected Rules among others.

3. A disclosure is made in regard to three writ petitions touching upon issues arising from the operation of the HR & CE Act, one, a challenge to the constitutionality of the enactment itself, the second, W.P. Nos.9867, 9872 and 9878 of 2020 questioning the powers of the officials of the HR&CE Department to deploy and administer funds of Hindu Religious Institutions in the absence of hereditary trustees duly appointed in terms of 25A of the Act and the third, W.P. No.19834 of 2012 filed by the Temple Worshippers Society, Chennai, a registered society, wherein Mr.T.R.Ramesh who has deposed to the affidavit filed in support of this writ petition in the capacity of President, also serves as President. That Writ Petition seeks a direction to the respondents to revive and update their official web-site (www.hrce.tn.nic.com) and the individual websites of prominent Hindu Temples by providing all mandatory information as per Section 4 of the Right to Information Act 2005. The last writ petition is presently being heard by one of us (Anita Sumanth J).

4. The present writ petition is styled as a Public Interest Litigation and prays for a Certiorari quashing Government Order in GO.MS No.169 Tourism, Culture and Religious Endowments Department dated 14.12.2020 (impugned GO/GO) on the ground that it contravenes several Articles in the Constitution of India as well as the provisions of the Act.

5. The genesis of the impugned G.O. appears to be an initiative propelled by the Commissioner, HR&CE Department/R1 on 11.03.2020 suggesting the launch of a television channel to disseminate (religious) and spiritual programmes. This was followed by an announcement by the Hon’ble Chief Minister of Tamil Nadu on 24.03.2020 to the effect that a television channel under the name and style of Thirukoil T.V., with an estimated capital of Rs.8.77 crores is proposed to be launched in order to disseminate religious programmes. In addition, a deposit of Rs.20 crores is proposed to be made and the interest accruing therefrom utilized to meet recurring costs of operations.

6. After the announcement, a communication dated 03.06.2020 was circulated by R1 to the Additional Chief Secretary, setting out a comprehensive plan of action with relevant background material. The communication appears to be a vision document, and refers to a benediction bestowed by the Seer Saint of Tamil-Veda calling for a ‘Spirit of Inquiry’ into Wisdom Supreme. The narrative opens with a reference to Tirukkoil, a monthly publication by the HR&CE Department which completes its diamond ju