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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MOHAMMED SHAFFIQ
Venkatesan Chettiar – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments Department – Respondent
| Table of Content |
|---|
| 1. definition of 'public authority' under rti act (Para 1 , 2) |
| 2. details of petitioner temple's trustee role (Para 3) |
| 3. challenge against circular due to rti act implications (Para 4) |
| 4. explanation of definitions in rti act (Para 5) |
| 5. supreme court's interpretation on control and financing (Para 6) |
| 6. previous case relevance on temple financing (Para 7 , 8) |
| 7. burden of proof on claim of public authority (Para 9 , 10) |
| 8. distinction between funding sources (Para 11 , 12) |
| 9. acquiescence not a bar to challenge (Para 13 , 14) |
| 10. conclusion of case (Para 15) |
ORDER :
MOHAMMED SHAFFIQ, J.
The common question that arises for consideration in this batch of writ petitions is as to whether a temple constituting a “Religious Institution”, within the meaning of Section 6(18) of the TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT ACT , 1969 (hereinafter referred to as “HR & CE Act”) would qualify as a “Public Authority”, in terms of the definition under Section 2 (h) of Right to Information Act, 2005 (hereinafter referred to as 'RTI Act').
2. The challenge in this batch of writ petitions is to the impugned Circular dated 27.03.2012, insofar as it designates trustees of
Temples do not qualify as 'Public Authorities' under the Right to Information Act as they are neither owned nor substantially financed by the government; mere public contributions do not equate to go....
Temples do not qualify as a 'Public Authority' under the RTI Act as they are not owned, controlled, or substantially financed by the government, thus invalidating a prior circular imposing such desig....
A temple is classified as private if it lacks features of public worship and management rests with a specific community, as established through historical evidence and refusal of public rights.
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
State authorities cannot unilaterally usurp the managerial role of an established religious institution's trustees to implement infrastructure projects. Temple funds, particularly surpluses, must fol....
Point of Law : Exercise of jurisdiction under Article 226 of the Constitution of India is not barred merely because there is an alternative remedy of appeal.
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
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