Is Tamil Nadu government indirectly controlling 38,000 Temples: SC seeks reply

New Delhi, Dec 16: The Supreme Court has sought a reply from the Tamil Nadu on a petition that alleged that the administration indirectly has taken control over the operation of 38,000 Temples in the state.

The petition alleges that the administration has indirect control by recruiting executive officials, but without nominating the Temple trustees and this has led to the finances being handled badly. A Bench comprising Chief Justice of India, D Y Chandrachud and Justice P S Narasimha which heard the case on December 13 has sought a response from the Tamil Nadu government.

In the petition filed by the Indic Collective Trust, the Supreme Court has been urged to reverse a decision of the Madras High Court which had dismissed its case earlier. The petition said that while the Conditions of Appointment of Executive Officers Rules, 2015 limit Executive Officer appointments to a maximum of five yers, the Executive Officers are recruited by the state authorities were nominated indefinitely. Moreover there were no conditions specified in their appointment letter, the petitioners said.

The state has violated Articles 25, 26 and 29 of the Constitution of India by appointing Executive Officers in the Temples of Tamil Nadu, the petition said. A lot of damage has been caused to the interests of the Deity and Temple Devotees due to decisions taken by the Executive Officers relating to projects and activities costing crores of Rupees.

'It is also a matter of concern that the Respondents have placed EOs in several temples with abysmally low income i.e., where chances of mismanagement are remote. This would show that the Respondents have been indiscriminately taking control of several temples without any valid reason and in complete violation of the law," the petitioner told the Supreme Court.

Appearing for the petitioner, senior counsel, C S Vaidyanathan said that the Eos diverted Temple money generated by religious donations from worshippers for their wages and non-religious uses. He also said that there had been no known incident in the preceding 70 years where the Tamil Nadu Hindu Religious and Charitable Endowments Department has returned a Temple to the trustee or the community involved in taking over the Temple administration.

The petitioner sought a directive to the Tamil Nadu government to recall all Eos who are serving without legitimate appointment orders, who were nominated without valid reasons or who were hired under Sections 43-A or 45 of the Hindu Religious and Charitable Endowments Act 1959 before the Conditions for Appointment of Executive Officers Rules 2015 came into force.

"It is submitted that the continued presence of these Executive Officers, who are paid from the administrative fees appropriated by Government from temple funds, amount to a direct affront on the rights of the Deity and Hindu Devotees; and amounts to serious violation of rights of Hindus under Article 25, Article 26 and Article 29(1) of the Constitution of India," the petitioner said

"Such usurpation of the management of the temples, it is submitted, is in the teeth of the Subramanian Swamy and Ors. vs. State of Tamil Nadu and Ors.vs. State of Tamil Nadu and Ors. judgement, wherein this Hon'ble Court had categorically re-iterated that "the management of the temple must be handed over to the person concerned immediately after the evil stands remedied" and failure to do so would amount to violation of fundamental rights guaranteed by the constitution," the petition also stated.