The Madras High Court in its order said, ‘the government cannot decide what trustees alone can decide and execute’. An amount of Rs 45 crore was finalised and a list of temples were prepared for construction of Old Age Residences in the state
Madras High Court: PTI
The Division Bench of Madras High Court has directed the Tamil Nadu High Court and the Tamil Nadu Hindu Religious and Charitable Endowments (TN HR&CE) department not to “appropriate” temple funds or common good fund and said that “the government cannot decide what trustees alone can decide and execute.”
During the hearing, Justices GR Swaminathan and Senthilkumar Ramamoorthy of the Madras High Court wonder how can Tamil Nadu government use temple funds to establish old age homes in the absence of trustees.
The court on Thursday, 12 May, 2022, adjourn the case by six weeks for filing of counter and record Advocate General R Shunmugasundaram’s submission that temple funds shall not be appropriated till then.
The court’s hearing comes after Tamil Nadu’s HR&CE department on 28 March, 2022, announced a tender for construction of senior citizens’ residence inclusive of all facility on a land belonging to Arulmiu Devi Baliamman and Ilankaliamman temple at Villivakaam in Chennai.
The tender value was whopping Rs 11,10,65,000 (11 crore 10 lakh 65 thousand).
The tender was announced month after Minister for Hindu Religious and Charitable Endowments P.K. Sekar Babu, during the 2021-22 state budget session, on 4 September, 2021, said that, “Old Age Residences with all facilities will be started to sustain and protect senior citizens in Chennai, Pazhani and Tirubelveli at a cost of Rs 5 crores.”
Temple funds were the source to the money that were to be required for the construction. Commissioner for Hindu Religious and Charitable Endowments Department stated that the announcement by the state minister and estimates were made as per the design of calibrations verified by the Department’s engineer and approval was received by the sanctioning committee.
The amount finalised was Rs 45 crore and a list of temples was prepared where construction of Old Age Residences was to be done.
To recall, the latest order comes months after the Madras High Court, in November last year, restrained the Hindu Religious and Charitable Endowments (HR&CE) Department from establishing any more arts and science colleges, other than the four which had already been planned to be instituted using temple funds, without obtaining the express leave of the court.
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