MHC wonders how a minister can announce construction on temple land and then stay it

CHENNAI: The Madras High Court wondered how the minister of Hindu Religious and Charitable Endowment (HR&CE) could announce the construction of a cultural center on land belonging to Kapaleeshwarar temple, Chennai, and stayed further construction of the cultural center in the land.

A vacation bench of Justice GR Swaminathan and Justice PB Balaji heard a petition moved by TR Ramesh, seeking to quash the government order (G.O) announcing to construction of a cultural center on land belonging to Kapaleeswarar temple.

The petitioner contended that the issued G.O. is without jurisdiction and is in contravention of the scheme and provisions of the Tamil Nadu HR&CE Act, 1959.

The State cannot supplant the powers and duties of the trustees and take any decision with regard to the management and administration of the religious institutions including the utilization of its funds and properties. As per rule 14 of the functioning board of trustees rules, all administrative decisions can only be taken by the board of trustees and no outside persons including the government and HR & CE.

The construction of the cultural center would cause revenue loss to the tune of Rs.10 crore as annual rental income and Rs.2.5 crore as annual interest income, said the petitioner.

Advocate General (AG) PS Raman representing the State submitted that no construction will proceed without proper permission.

After the submission, the bench granted an interim stay restraining the State from constructing the cultural center until further order and directed the State to file a counter. The matter was posted to the third week of June.

On September 4, 2023, the Tourism, Cultural and Religious Endowment department released an order stating that a cultural center will be constructed to showcase the traditions of Tamil Nadu and hold religious events on a 22.80 ground extent of land belonging to Kapaleeswarar temple at Greenways Road, Raja Annamalai Puram.

The government order also stated that Rs. 28.76 crores of the temple funds will be used to construct the cultural center.