ORDER :

R. MAHADEVAN, J.

1. As per the administrative order of the Hon'ble Chief Justice dated 30.11.2018, this writ petition was posted along with a batch, relating to the protection, maintenance and sustenance of the ancient temples, idols, temple lands, murals and other places/ articles, which all are of archaeological and historical importance, under the caption 'specially ordered cases' and arguments were heard. However, for better understanding, this Court proceeds to pass separate orders in each of the writ petitions.

2. The petitioner has filed this writ petition as a Public Interest Litigation to issue a writ of declaration, declaring the Management and Preservation of Properties of Religious Institutions Rules, 1964 (G.O.P.No.1837, Revenue dated the 10th July 1964) as ultra vires Section 116(2)(xvii) and 116(2)(xix) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently forbear the respondents 1 and 2 from in any manner carrying out the civil works including construction, renovation, restoration, conservation, repairs etc., inside and adjacent to temple premises and its properties till the necessary rules as required for the purposes described in Section 116(2)(xvii) and (xix) are framed, notified and approved by the State Legislature.

3. It is the case of the petitioner that there are around 44,000 temples in the State of Tamil Nadu. The Hindu Religious and Charitable Endowments Department (in short, 'the HR&CE Dept') is the custodian of the temples and its properties and it is their primary duty to protect, maintain and safeguard the same and to ensure that such temples and endowments are properly administered and the income derived there from is duly appropriated for the purposes for which they were founded or exist. However, it failed to do so and is carrying on several activities within the temples including renovation, alteration and construction of the buildings, changing the icons, statues and other objects, without having any authority and in violation of the powers vested under the Hindu Religious and Charitable Endowments Act (for brevity, 'the HR&CE Act').

4. The petitioner further averred that in exercise of the powers conferred under clauses (xvii), (xviii), (xix) and (xxii) of sub section (2) to Section 116 of the HR&CE Act, the Government framed Rules called 'the Management and Preservation of Properties of Religious Institutions Rules (for brevity, 'the MPPRI Rules') which was notified by G.O.P.No.1837, Revenue dated the 10th July 1964. According to the petitioner, the words 'preservation', 'maintenance', 'management' and 'improvement' have not been defined in the HR&CE Act and the powers to make the Rules are only to safeguard, protect and preserve the structures and images found in the temples/Hindu religious institutions in their original or existing forms and not to construct, alter or renovate the temples' buildings. Therefore, the enactment of the said MPPRI Rules are beyond the scope and powers of the clauses (xvii) and (xix) of Section 116(2) of the HR&CE Act.

5. It is also averred by the petitioner that the respondents claiming to act as per the MPPRI Rules framed under the HR&CE Act, have wreaked havoc in heritage temples by destroying and altering the structures, icons, inscriptions, murals and paintings of the same and constructing new sub temples, mantapams, etc. With these averments, the petitioner has come up with this writ petition for the aforesaid relief.

6. Denying the allegations raised by the petitioner, the second respondent filed a detailed counter affidavit, inter alia stating that they are taking action only to renovate and preserve the ancient heritage temples and its properties by following traditional norms and methods. It is further stated therein that as per Section 116 of the HR&CE Act, the Government is empowered to make rules to carry out the purposes of the said Act and accordingly, the MPPRI Rules have been framed for the purpose of preserva