Appointment Of Archakas, Melting Of Temple Jewellery, Challenge To Service Rules: Madras High Court To Hear Batch Of Petitions Under Separate Heads In 2022

The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu was of the opinion that since many batch of matters is dependent upon the appointment of trustees, the respective matters can be deferred until then.

Today, the cause list had HR & CE cases pertaining to the validity of the Appointment of Archakas in temples, Melting of temple jewellery into gold bars under Gold Monetisation Scheme, Constitutionality of TN Hindu Religious Institutions Employees (Conditions of Service) Rules etc.

Since there was an evidently overlapping list of matters before the court from Items 195 to 214 in today's cause list, the court found it prudent to assort the matters accordingly.

At the outset, Advocate General R Shanmugasundaram informed the court that the process of appointing trustees in temples is set to be completed expeditiously and therefore the matters connected to melting jewellery can be deferred.

In addition to the above, there have been cases challenging the establishment of schools by the HR & CE Department and the Constitutional validity of TN Hindu Religious Institutions Employees (Conditions of Service) Rules.

The court observed that once the counter is filed, the matters can be heard on merits regarding the constitutional validity of rules.

The court accordingly decided that matters pertaining to Service Rules and validity of the appointment of Archakas can be grouped together. This is because if the Service rules are found to be ultra vires, the appointment of Archakas will also become invalid. On the other hand, if the rules are found to be intra vires, the appointments will be similarly affected.

In the court order, it was held that the petitions relating to the melting of temple jewellery except WP 26189/ 2021 can be jointly listed after six weeks, i.e, 9th February, 2022. The court also noted that the counters must be filed for those petitions in the batch where notified. The reason for listing these matters after six weeks was the following:

"Let all these petitions be listed after six weeks enabling the appointment of trustees for which process has already been initiated by the Government as stated by the learned Advocate General appearing in these cases. In the meanwhile, the respondents may continue with the process of inventories and issues pertaining to the melting of jewellery in temples would be decided by this Court after the appointment of trustees. The respondents may also file counters to those cases in which the State has not yet filed the same."

However, the main prayer in WP 26189/ 2021 is the prevention of alienation and auction of temple lands as a result of which it will be shown separately. The court has allowed listing of this matter after six weeks, i.e, 9th February, 2022 and accorded time for the petitioner to file a rejoinder to the counter he received. The interim Order granted previously in this matter would continue for another six weeks. The court noted that even this matter is dependent on the appointment of temple trustees.

In WP No. 230730/ 2021 filed by TR Ramesh, the court has directed listing the petition separately in the batch of petitions pertaining to the melting of jewels, i.e, om 9th February, 2022.

As far as the appointment of Archakas and Constitutional Validity of Rules are concerned, the court has asked to file counters where it has not been filed yet. If the respondents want to adopt counters already filed, a memo can be submitted to that effect. The matters pertaining to the appointment of archakas and constitutional validity of Rules have been listed after four weeks hence. 

The court noted that the challenge towards the constitutional validity of rules will be heard first, followed by appointments of Archakas. These two batches of writ petitions will be taken up on 19^th January.

"List this batch of writ petitions under the same caption after the matters pertaining to challenge to the rules relating to the appointment of archakas on 19.01.2022", the court noted in the order.

Case Title: All India Adi Saiva Sivacharyargal Seva Sangam v. State Of Tamil Nadu &  Another, Indic Collective Trust and Anr v. State of Tamil Nadu and Anr, T R Ramesh v. State of Tamil Nadu & Other Connected Matters

Case No: W.P.No.26189 of 2021, W.P.No.23070 of 2021, W.P.Nos.22532 of 2014 & Connected Matters, W.P.Nos.17802 & Connected Matters, W.P.No W.P.Nos.15534 & Connected Matters, W.P.No.22333 & Connected Matters