Pondy govt's bid to take over temples illegal: HC

CHENNAI: The Madras High Court has restrained the Puducherry government from interfering with affairs of administration in Sri Sundaramoorthi Vinayagar temple, Puducherry.

Petitioner S Venkatachalam the hereditary trustee of Sri Sundaramoorthi Vinayagar temple moved the Madras High Court (MHC) to restrain the Puducherry government from interfering in the affairs of Sri Sundaramoorthi Vinayagar temple using Sections 4 (1) and (1A) of the Act.

Another petitioner, Gollapalli Srinivas Ashok, filed a petition to quash the government order issued by the Hindu Religious Institutions and Wakfs Puducherry to constitute a new Board of trustees for the administration of Sri Venkateswara Devasthanam, Yanam under Sections 4 (1) and (1A) of the Act.

Considering the issues involved in both the petitions are common the MHC took up both the petitions together.

The case was listed before Justice N Anand Venkatesh.

The common grounds averred by both the petitioners are that Sections 4 (1) and 9 (1) of the Act have already been struck down as unconstitutional, that in view of the same, they are non-est in the eye of the law, and that as a result, the official respondents did not have any power or jurisdiction to interfere with the administration of temples at Puducherry.

However, the additional Solicitor General, who appeared for the Puducherry government, said that the temples at Puducherry are administered by the department, and if it is let loose, it will cause confusion and the temples will be put in jeopardy.

After the submission, the Justice said that in 2001 MHC had given a judgment that Sections 4 (1) and 9 (1) of the Act as unconstitutional, and the order passed by this court does not vanish into thin air and it continues to be binding.

Therefore, the official respondents can exercise powers of controlling the administration of temples at Puducherry either when the Supreme Court decides the issue in favour of the Department and restores Sections 4 (1) and 9 (1) of the Act or when the Government of Puducherry comes up with the new enactment, said the Justice.

Till then, there is no scope for the Department to wield any powers nor take over the administration of the temples at Puducherry by virtue of Sections 4 (1) and 9 (1) of the Act, the Justice ruled and disposed of the case.