Madras High Court Dismisses Plea Seeking Appointment Of Watchmen In 44,000 Temples Across The State; Says Purely An Administrative Decision Of Temples Concerned
Madras High Court has on Monday dismissed a petition seeking the appointment of watchmen on a uniform basis in all temples under the Hindu Religious & Charitable Endowment Department in Tamil Nadu. The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu expressed an element of surprise in the overwhelming number of matters and the extent of interest shown...
Madras High Court has on Monday dismissed a petition seeking the appointment of watchmen on a uniform basis in all temples under the Hindu Religious & Charitable Endowment Department in Tamil Nadu. The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu expressed an element of surprise in the overwhelming number of matters and the extent of interest shown in temple affairs. Appointment of watchmen in temple complexes is purely an administrative decision of the relevant temple, the court noted in its order.
The court took note of the recent matters pertaining to temple administration that the court looked into:
"Judicial notice has to be taken of the advertisements recently issued by the State for the purpose of appointing trustees at various temple complexes. In another matter, where the decision of the State to melt the gold offerings at the temples was challenged, the court has required the gold not to be sold or melted before trustees are installed at the temples."
The writ petition was filed by the petitioner seeking a writ of mandamus directing the state to appoint watchmen in over 44,000 temple complexes across the state, and to regularise their salary following the principle of 'Equal Pay For Equal Work'.
The court observed that the administration of the temple is usually carried out by the trustees at a temple in conjunction with a fit person who may have been appointed in respect of the temple or the Commissioner of the HR & CE Department.
While admitting that the HR & CE Department is obligated to ensure the protection of all the property at various temples, an issue of such magnitude and generic nature cannot be dealt with through public interest litigation.
The court underlined that several directions in various matters have been issued to protect the assets and property of temples.
The court while pronouncing the order commented that public-spirited individuals must also focus on prevalent issues like poverty and education rather than religious matters.
"This ambitious petition for the purpose of setting up a watchmen cadre in the HR & CE Department to guard the temple complexes under the control of the department cannot be entertained."
Case Title: Ayya v. Government of Tamil Nadu & 2 Ors.
Case No: WP/23708/2021
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