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HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice ANITA SUMANTH
P.MURUGESAN, – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent
WP(MD)/12189/2018
The upgradation of a temple is a matter of policy and the power for such upgradation vests solely with the State. The classification of temples is not decided solely upon the income earned, but various other parameters, such as its assets and the purposes for which the assets have been deployed, the festivals connected to the particular temple, the footfall of devotees in the temple, its location, history and heritage among others.
Headnote:
TEMPLE UPGRADATION - MANDAMUS - UPGRADATION OF TEMPLE - POWER OF STATE - PARAMETERS FOR UPGRADATION - CLASSIFICATION OF TEMPLES - REVENUE EARNED - NOT SOLE CRITERIA - OTHER PARAMETERS - ASSETS, FESTIVALS, FOOTFALL, LOCATION, HISTORY, HERITAGE - COURT CANNOT COMPEL UPGRADATION - MANDAMUS NOT MAINTAINABLE
Fact of the Case:
The petitioner, employed as Maniam in the Arulmighu Nellaiyappar Arultharum Kandhimathy Amman Temple, sought a mandamus directing the Secretary to Government, Tourism, Culture and Religious Endowment Department and the Commissioner, Hindu Religious and Charitable Endowment Department to consider his representation and upgrade the temple from Executive Officer Grade I level to Assistant Commissioner Grade with consequential monetary benefits to its employees.
Finding of the Court:
The court held that the upgradation of a temple is a matter of policy and the power for such upgradation vests solely with the State. The classification of temples is not decided solely upon the income earned, but various other parameters, such as its assets and the purposes for which the assets have been deployed, the festivals connected to the particular temple, the footfall of devotees in the temple, its location, history and heritage among others. Thus, no employee could compel the officials of the HR&CE Department to upgrade a temple and a mandamus would not lie.
Issues: 1. Whether the petitioner can compel the upgradation of the temple through a mandamus? 2. What are the parameters for the classification of temples?
Ratio Decidendi: 1. The upgradation of a temple is a matter of policy and the power for such upgradation vests solely with the State. 2. The classification of temples is not decided solely upon the income earned, but various other parameters, such as its assets and the purposes for which the assets have been deployed, the festivals connected to the particular temple, the footfall of devotees in the temple, its location, history and heritage among others.
Final Decision: The court disposed of the writ petition and directed R2 to consider the representations of the petitioner and pass a speaking order, after hearing the petitioner or his representatives, within a period of eight weeks from the date of uploading of this order on the website of this Court.
W.P.(MD)No.12189 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.12189 of 2018
P.Murugesan
...Petitioner
/Vs./
1.The Secretary to Government of Tamil Nadu,
Tourism, Culture and Religious Endowment Department,
St.George Fort,
Chennai.
2.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam High Road,
Chennai – 34.
3.The Executive Officer,
Arulmighu Nellaiyappar Arultharum Kandhimathy Amman Temple,
Tirunelveli Town.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution
of India, praying for the issuance of a Writ of Mandamus directing
the respondents 1 and 2 to consider the petitioner's representation
dated 02.01.2018 and pass an order to upgrade the Arulmighu
Nellaiyappar Arultharum Kandhimathy Amman Temple, Tirunelveli Town
from Executive Officer Grade - I Level to Assistant Commissioner
Grade and give all the monetary benefits to employees of the 3rd
respondent temple.
For Petitioner
: Mr.S.Karthikeya Venkatachalapathy
for Mr.S.Suriyanarayanan
For R1 & R2
: Mr.V.Om Prakash
Government Advocate
For R3
: Mr.S.Madhavan
ORDER
The petitioner is employed as Maniam in the Arulmighu
Nellaiyappar Arultharum Kandhimathy Amman Temple (hereinafter
referred to as 'temple'). He seeks a mandamus directing the
Secretary to Government, Tourism, Culture and Religious Endowment
Department/R1 and the Commissioner, Hindu Religious and Charitable
Endowment Department /R2 (HR&CE Department/R2) to consider his
representation dated 02.01.2018 and pass orders upgrading the temple
from Executive Officer Grade I level to Assistant Commissioner Grade
with all consequential monetary benefits to its employees. The
Executive Officer (EO) of the temple has been arrayed as R3.
1/4
https://hcservices.ecourts.gov.in/hcservices/
W.P.(MD)No.12189 of 2018
2.The petitioner draws attention to a communication dated
26.12.2006 sent by R2 proposing that eight temples including the
temple in question have all necessary attributes and eligible
criteria to be upgraded to Grade I temple. Despite such a proposal
made as early as in 2006, necessary orders are yet to be passed and
hence the present writ petition.
3.That apart, petitioner has relied upon three Government
Orders: G.O.No.401, Tamil Development, Culture and Endowments
Department dated 04.09.1998, G.O.No.257, Tamil Development
Charitable Endowment and Information (AN-4-1) Department, dated
30.06.2010 and G.O.No.91, Tamil Nadu Tourism and Endowments
Department, dated 28.06.2019 relating to fixation of pay under the
fifth, sixth and seventh pay commissions. This is in support of the
prayer, and sets out the basis upon which the petitioner hopes to
be benefitted, if the classification of the temple is stepped up.
4.In counter, R2 would submit that the upgradation of a
temple is a matter of policy and the power for such upgradation
vests solely with the State. Moreover, the request of the
petitioner is premised solely upon the income of revenue earned by
the temple, which is, as per communication dated 26.12.2006, a sum
of Rs.58.77 lakhs.
5.However, classification of the temples is not decided
solely upon the income earned, but various other parameters, such as
its assets and the purposes for which the assets have been deployed,
the festivals connected to the particular temple, the footfall of
devotees in the temple, its location, history and heritage among
others. Thus, no employee could compel the officials of the HR&CE
Department to upgrade a temple and a mandamus would not lie.
6.At the time of hearing, a copy of the minutes of the
meeting conducted by officials of the department in relation to
upgradation of temples was sought. This was the basis upon which
communication
