Madras High Court. File | Photo credit: K. Pichumani
The Department of Hindu Religious and Charitable Endowments (HR&CE) may not be empowered to interfere with religious practices in a denominational temple, but is required to conduct an inquiry and initiate appropriate action if there are complaints of financial irregularities in temples that collect contributions/donations from devotees, the Madras High Court has ruled.
A Division Bench of SM Subramaniam and Mohammed Shaffiq held that while a single judge order dated 26 June 2024 allowed the management of the Prasanna Venkata Narasimma Perumal Temple in West Saidapet, Chennai to lease out one of its properties to a private person without obtaining a No Objection Commission Certificate (NOCCEC) from the HRCEC.
A single judge allowed a writ petition filed by a tenant who was aggrieved by the refusal of the Saidapet sub-registrar to register the lease without producing an NOC and held that it was not necessary to obtain permission under Section 34 of the Tamil Nadu HR&CE Act, 1959 where the institution in question was only a denominational temple and the lease period was only a three-year temple.
However, on appeal filed by a third party, the HR&CE department said, the HR&CE department was authorized to conduct an inquiry if there were complaints of malpractice by the temple management. Although the temple claimed that it was not receiving public contributions, the judges recorded the statement of Special Government Pleader (HR&CE) NRR Arun Natarajan that it was receiving donations.
The SGP told the court that the public character of the temple was established in another writ petition as well as in the appeal court where it was clearly held that it was receiving public contributions. When the temple acquired the character of a public institution, the state was obliged to intervene if there were complaints of mismanagement of property belonging to the temple.
After recording his submissions, the Bench set aside the order of the single judge directing the sub-registrar to register the lease and directed the HR&CE commissioner to appoint an officer not below the rank of additional commissioner to investigate the allegations of financial irregularities. The commissioner was further directed to complete the investigation within four weeks and then initiate appropriate action.
“Until the Commissioner decides and issues orders, the temple administration shall not make any further alienation/lease of the property or create any share,” the division bench ordered.
Published – 08 Dec 2025 15:46 IST
