A religious institution is deemed a 'public temple' under the TN HR & CE Act, 1959, if it is located on common public land (grama-natham) and receives contributions from the general public for its religious activities.

PRAYER

To set aside the order passed in WP No.30770 of 2022 dated 30.11.2022 on the file of this Court and allow this appeal

For Appellant(s): Mr.A.M.Venkata Krishnan

For Respondent(s): Mr.U.Venkatesan for R1

Mr.S.Senthilmurugan

Special Government Pleader for R2-4

Mr.N.R.R.Arun Natarajan

Special Government Pleader [HR & CE]

for R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the writ order dated 30.11.2022 in W.P.No.30770 of 2022.

2. 4th respondent in the writ petition is appellant before this Court. 1st respondent, Mr.R.Thennarasu, filed a writ petition seeking a direction to District Collector to consider his representation dated 26.09.2022 and restrain 4th respondent from interfering with the day-to-day activities of the temple, namely Arul Migu Vembiamman Thirukovil Trust.

3. Writ Court elaborately adjudicated the issues on merits and issued directions to the respondents in the writ petition not to interfere in the administration of the temple by petitioner as Hereditary Trustee for the time being. However, it is open to HR & CE Department or concerned authority to examine the issue at appropriate level and to take a decision after hearing petitioner as well as 4th respondent or any other person, who claims the right over the temple. Further order was passed stating that 4th respondent or any other third party shall not interfere with the administration of temple by 1st respondent/writ petitioner or his nominee or men by fitting any public address system in the temple or to make any attempt to use the temple for any other purposes other than religious purposes.

4. Admittedly, a dispute exist between appellant and 1st respondent in administering the subject temple. On account of frequent quarrels and disputes, a representation was sent to District Collector for initiation of action. Since no action was taken, a writ petition came to be instituted. Writ Court granted an interim relief in favour of writ petitioner, thereby restraining appellant/4th respondent from interfering with the day-to-day activities of subject temple. The said direction paved way for institution of present Intra Court appeal.

5. Preliminary issues relating to maintainability of a writ petition has been raised. Thus, it is necessary to examine the characteristic of temple, whether it is a private temple or public temple, for the purpose of issuing directions to HR & CE department to initiate all appropriate actions for proper administration of temple and maintenance of peace and tranquillity in religious institutions.

6. Section 1(3) of Tamil Nadu Hindu Religious and CharitableEndowments Act, 1959 (hereinafter referred to as ‘Act’) states that “The Act applies to all Hindu public religious institutions and endowments including the incorporated Dewaswoms and Unincorporated Dewaswoms.” Therefore, Act applies to all Hindu religious institutions. Whether a religious institution assumes the character of public institution is to be examined in the context of the provisions of Act.

6.1. Section 6 of the Act provides definition of “Religious Charity”. Section 6 (16) of the Act defines “religious charity” means a public charity associated with Hindu festival or observance of a religious character, whether it be connected with a math or temple or not;

6.2. Section 6 (18) defines “R