RANGARAJAN NARASIMHAN SANATHANA DHARMAM Vs. ADDL.CHIEF SECRETARY TO GOVT GOVT. OF TAMIL NADU, SECRETARIAT

JUDGEMENT

(1.) The writ petition has been filed to forbear respondents 1 to 3 from claiming temple properties as that of HR and CE Department and, at the same time, to forbear them from converting the properties dedicated to the deities in the temple or to the temple for any purpose other than connected with the temple.

(2.) The petitioner in person submitted that the property of the temple may be out of the donation made by devotees and, therefore, it cannot be considered as property of the HR and CE Department, rather, it should remain the property of the temple alone. The HR and CE Department is treating it to be their property and, accordingly, alienating it without even consulting the trustees, thereby offending Article 26 of the Constitution of India. No temple property should be allowed to be alienated without the approval of the trustees, as otherwise, it would offend Sec. 23 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [for brevity, "the Act of 1959"]. The prayer is to restrain the respondent authorities from alienating the temple property for any purpose other than religious affairs, that too, without the approval of the trustees.

(3.) We have considered the submissions made by the petitioner, appearing in person.