The Madras High Court observed that State shall take effective measures to protect the properties of the temples and mobilize fund to refurbish them.
“It must be emphasized, however, that every effort should be made by the relevant department to protect temple properties all over the State, to mobilise the funds for the purpose of the maintenance, upkeep and even restoration of temples. Temple lands often fall into disuse and are encroached upon and waterbodies within temple lands become virtual public properties without any protection.”
The above observation had made by the Division-judge bench of Madras High Court, Madurai Bench comprising of Chief Justice Sanjib Banerjee and Justice R. Hemalatha while dealing with the petition filed by the petitioner named A.Radhakrishnan under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to constitute Committees to inspect the records maintained by the Department Officials all over the State and secure and safeguard the interest of the temples all over the State.
Factual Background
A petition was filed before the High Court of Madras for seeking directions to State Government, to constitute Committees to inspect the records maintained by Hindu Religious all over the State and the records maintained by Arulmigu Subramaniaswamy Thirukoil Temple and other temples all over the State. The Plea further sought directions to secure and safeguard the interest of the temples all over the State.
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Court Judgment
The Court held that:
“No immediate action is called for, if only to allow the steps suggested by the Principal Secretary to be implemented. It must be emphasized, however, that every effort should be made by the relevant department to protect temple properties all over the State, to mobilise the funds for the purpose of the maintenance, upkeep and even restoration of temples. Temple lands often fall into disuse and are encroached upon and waterbodies within temple lands become virtual public properties without any protection. It is imperative that appropriate measures are taken in such regard all over the State.”
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The Court also granted liberty to the petitioner to present before the Court again after the passage of reasonable time, if the measures have not resulted in any improvement at the ground level.
The Bench allowed the petition as the matter brought to the notice of the Court and no cost is being imposed.
Case Details
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Case: W.P. (MD) No.4725 of 2021
Petitioner: A.Radhakrishnan
Respondent: The Secretary to Government & Ors
Counsel for the Petitioner: Mr.A.Radhakrishnan
Counsels for the Respondents: Mr.K.P.Narayanakumar & Mr.M.Muthuhgeethaiyan
Quorum: Chief Justice Sanjib Banerjee and Justice R. Hemalatha
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