Concerted Efforts By State Departments Necessary To Restore Temple Properties & Recover Monetary Loss: Madras High Court

Shocked with the allegations about illegalities and frauds related to temple properties, the Madras High Court has held that the state should undertake immediate measures to prevent the looting of temples.

A single-judge bench of Justice S.M Subramaniam opined that the continuation of such large scale illegalities would mean that the HR & CE Department has failed in its duty under the Act (Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959). Thus, a change in policy decision may be required.

"Undoubtedly, such large scale allegations and illegalities may not happen without the collusion of the Department Officials. No doubt, large scale properties belong to the temple have been dealt with an illegal manner and in violation of the provisions of the Act for several years, it may be difficult for the Authorities now to immediately restore all such properties...In this context, fixing personal liability on the officials are of paramount importance. The officials not functioning in the interest of the temple are to be identified and their work performance are to be monitored and the Head of the Department is bound to initiate all appropriate actions. If the Head of the Department itself is not functioning efficiently, then the Government has to initiate all appropriate actions."

The court observed that such illegalities including illegal mining and fraudulent execution of documents cannot usually take place without the 'active or passive collusion' of Department officials.  Those officials who have indulged in such corrupt practices must be proceeded against both under the Criminal law and the Government Servants Disciplinary Rules. The court has also categorically stated that the recovery of properties so lost alone would not be sufficient, the state would also have to recover the financial losses already accrued by the temple on account of its loss.

The court added that the lack of coordination between concerned Departments was affecting the pursuit of preserving temple properties. There must be a concerted effort by the Registration Department, Revenue Department, Police Department, Mining and Geology Department, HR & CE Department and other connected Departments for recovery of temple properties as well as financial loss by way of activities like illegal mining or otherwise.

"....only through joint actions by the Departments, the issues can be resolved in an efficient manner. The illegalities are not only confined to the HR & CE Department. The temple properties are registered in an illegal manner and the documents are executed in a fraudulent manner and illegal mining operations are done running to several crores...", the court observed in that context.

More importantly, the court also mentioned about the competent authorities forming a committee together to ensure the recovery of temple properties in a speedy and efficient manner.

The case before the High Court was filed by A. Radhakrishnan seeking directions to the state authorities for the protection and preservation of properties owned by different temples in the Krishnagiri District.

The petitioner argued before the court that properties worth crores belonging to several temples in the District have been looted and Department officials were illegally permitting the mining activities to go on to the detriment of the devotees' and temples' interests. In a 2018 review meeting that the petitioner also attended, the Krishnagiri District Collector raised 15 queries to the concerned department including HR & CE  for collection of information and initiation of further action. However, not much progress was made pursuant to the District Collector's order, and the petitioner approached the High Court.

The petitioner had also submitted that the revenue from illegal mining itself runs to the tune of Rs. 200 crores and the income derived from the mining operations are not gone to the temples. Taking note of such large scale violations, the single judge bench also noted that that the great souls donated their valuable properties for a specific purpose and the temple administering authority is duty-bound to ensure that such donated properties are used for that specific purpose.

"This Court is frequently receiving several such allegations of abuse of temple properties and fraudulent registration of the documents in respect of the temples properties, non-collection of lease amount is also a issue, which is to be looked into by the authorities when the provisions of the HR & CE Act unambiguously stipulates that the manner in which the temple properties are to be leased out or dealt with and regarding fixing of fair rent, recovery of rent etc. It is unfortunate that none of the provisions are implemented properly, which resulted in looting of the properties by few greedy men and the persons, who have been involved in such illegalities...", the court further observed.

Case Title: A. Radhakrishnan v. Secretary to Government & Ors.

Case No: W.P.No.27646 of 2021

Citation: 2022 LiveLaw (Mad) 49

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