A denominational temple's right to administer under Article 26 does not extend to mal-administration; the state may intervene in property dealings and financial irregularities.

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Under assail is writ order dated 26.06.2024 passed in W.P.No.10813 of 2024. Writ appellant is not a party to the writ proceedings and by securing leave from this Court instituted the present intra-court appeal.

2. The first respondent filed writ proceedings seeking a direction to the Sub Registrar (Joint II), Saidapet, Chennai - 15 to register the lease deed submitted on 03.11.2023. Writ Court disposed of the writ petition by directing Sub Registrar to register the document within a period of seven days from the date of receipt of a copy of the order. Having aggrieved, appellant would submit that lease deed has been improperly drafted, term of lease has not been mentioned and the lease amount is also meagre and not commensurate with the market rent prevailing in that locality. Thus, lease deed registered would cause loss to sixth respondent temple viz., Sri Prasanna Venkata Narasimma Perumal Temple and the temple is receiving public contribution and therefore, the appellant has chosen to file present writ appeal.

3. Learned counsel for appellant would submit that even in denomination temple, in the event of mal-administration, illegality or irregularity, State is empowered to interfere and initiate appropriate actions under the provisions of Statutes and Rules in force. In the present case, appellant submitted several complaints stating that 140 housing properties, 40 commercial properties in Saidapet Taluk, Chennai and 100 properties at Solavaram belongs to the 6th respondent/Temple are identified. The details provided by appellant have not been responded nor any action has been initiated by Hindu Religious and Charitable Endowments Department.

4. Learned senior counsel appearing on behalf of sixth respondent temple would oppose by stating that temple/6th respondent is a denominational temple and they have got a right to administer. In respect of a denominational temple, right to administer is conferred under Article 26 of the Constitution of India. Right to administer will not include mal-administration. This being the legal principles settled by Constitution Bench of Hon'ble Supreme Court of India, in the event of any mal-administration, State is empowered to step in and initiate appropriate actions. Learned senior counsel for sixth respondent would submit that public contributions have not been accepted by the temple administration. Since it is disputed, said factum is to be ascertained by the competent authorities of Hindu Religious and Charitable Endowments Department.

5. Learned Special Government Pleader would submit that during earlier round of litigation, the very same ground that no public contribution has been received by the temple has been raised. However, writ Court held that temple received public contributions, which was subsequently confirmed by Division Bench of this Court. Therefore, subject temple assumes character of a 'public institution' and the State is duty bound to step in, in the event of any mal-administration or illegality in dealing with the properties belonging to temple.

6. This Court heard the rival submissions made between the parties to the lis.

7. Regarding mal-administration/illegality in dealing with the properties, reports have been filed by the authorities of Hindu Religious and Charitable Endowments Department before this Court. Right to administer religious institution is protected under the Article 26 of Constitution of India. However, allegations regarding mal-administration, illegality in dealing with properties, if any, may be dealt with by the State under the provisions of the Act and Rules. In the present case, the Joint Commissioner, Hindu Religious and Charitable Endowments Department filed reports citing mal-administration and irregularities.

8. However, learned counsel for appellant would submit that several other illegalities and allegations placed by the appellant before the Hindu Religious and Charitable Endowme