Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Saturday, 8 March 2014

Temple funds ...administration and buying of Toyota Innovas....

Only the Devout who regularly visits the temple  know the anguish…. It is not unique to any village temple… the malady affects almost all temples – more so, when thousands of devotees come to the temple …. More so when they contribute lakhs and crores of rupees in the Temple hundis.

For a Hindu, devotion and worship is way of life… their life revolves round the Temples ~ more around those great temples of which Alwars and Nayanmars have sung hymns… doing service at the temple, and donating their property were all for propitiation ~ and many rich people donated part of their wealth, their lands and more for Temples – constructing them and maintaining them…. People who died without progeny used to donate their property to temple – as when the temple flourished – all the neighbourhood prospered…. ‘people lived happily in places where culture and religion co-existed’…..

All tales of the past…. Now there are some temples where even daily rituals are not properly conducted… not all of them are in villages, neither – all of them not having property …. They have huge estates – only the administrators are not properly managing to derive revenue out of them.  We have HR&CE which will take over temples when revenue exceeds a set limit [the same rule does not apply to religious institutions of others !!!!] – and with the temple money – they will conduct political functions – in memory of leaders who preached atheism … why at a temple premises …. If feeding the poor is the aim – do it in the name of God – why in the name of political persons ?  have we asked this ??

Sadly, the temple precincts are poorly maintained – hygiene is not at all cared …. Temple festivities are planned, mentioned in agamas and puranas – Brahmothsavam in Vaishnavaite temples were ordained by Brahma himself; later by many Acharyas including Ramanuja Charya… in some places, the annual festivities do not take place … the Car festival is the most majestic and most attended by one and all… 


in some temples, where the ‘Temple rath (car)’ is damaged mainly due to improper (read NO) maintenance – repairs / reconstruction will take decades – that too, only when some private donors willingly take the initiative…………. 
But the officials come in Airconditioned cars – Innovas, Scorpios  - why SUVs and luxury sedans from temple funds – when nothing is done for the Lord = for whom those funds were intended. Why no action against officials who fail time and again to realize the revenue from assets and sometimes even do not maintain proper record of the assets/////////

Sad, sad, tragic … anguish and pain… today, there is a good article of Mr TR Ramesh in Dinamalar which is reproduced below.


Thanks to Dinamalar for publishing this and many thanks to the ilks of TR Ramesh who take up the cudgels, when ordinary mortals feel that there is nothing one can do….

Here is what appeared in Dinamalar supplement - chennai edition dt 8.3.14

Monday, 6 January 2014

Supreme Court rules against Govt in Thillai Chidambaram Temple; but Govt takes over Ayodhya Mandapam - the same day


For believers, asthigas and Hinduism – the Monday judgment of the Supreme Court quashing the TN Govt Feb 2009 order appointing Executive Officer to manage the affairs and properties of the  Natarajar temple at Chidambaram has come as a big relief. It was no case against the Dikshithars alone….. for long the Govts and the created HR&CE have held Hindu beliefs and the money / property donated by Hindus to their Temples have been held and used against the interests of Hinduism and the wishes of devotees. The devotees were really pained and anguished to note that there had to be a debate and subsequent Govt order that temple premises should not be used for anti-religion, atheist meets …. Can any such thing happen in any property owned / managed  by any other religious bodies ?.......... then, why Hinduism, Hindu temples are always targetted…

On Monday (6th Jan 2014), a Bench of Justices B.S. Chauhan and S.A. Bobde, allowing a batch of appeals filed by BJP leader Subramanian Swamy and Podhu Dikshitars against the Madras High Court verdict upholding the GO, held that the right of the Dikshitars to manage the temple could not be taken away by the government. The Bench accepted the contention of the Dikshitars that they were a religious denomination as per the Article 26 of the Constitution “which guarantees right to establish and maintain institutions for religious purposes.” Mr. Justice Chauhan pointed out that the right to administer the temple by the Dikshitars had been recognised by the Supreme Court in its judgment in 1952 and it could not be taken away. The Bench faulted the Madras High Court for re-opening the issue whether the Dikshitars were a religious denomination or not even after the matter had been res judicata (already been decided). On the State government’s contention that it had a right to interfere when there was mismanagement, the Bench said such interference could only be for a short period. Quoting the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, Dr. Swamy argued that if there were allegations of misappropriation, the issue should be dealt with under the provisions of the IPC and not by taking over the temple administration.

One of the earliest documented incidents relating to the status of Chidambaram Natarajar temple or Sabanayagar temple as it is officially known dates back to 1885 ~ and thus a century old tussle has come to an end.   The efforts of Chidambaram Podhu Dikshithars fructified as Dr Subramania Swami fought their cause and won it for them….. even before the asthigas could celebrate comes the news of Govt taking over ‘Ayodhya Mandapam’.

After Nanganallur Anjaneyar Temple, now it is Ayodhya mandapam at West Mambalam.  The government on Monday took over the Ayodhya Mandapam in West Mambalam, sparking protests in the locality. The Mandapam, around 60 years old, functions as a place for religious discourse and concerts. There is no proper temple but the Mandapam has depictions of Rama, Sita, Radha and Krishna and devotees worship in a small shrine in the hall. The Mandapam, the Mithilapuri Kalyana Mandapam, Sri Sitaram Vidyalaya Matriculation Higher Secondary School, and Gnanavapi, are run by the Sri Ram Samaj, a society, which was founded in 1954. A member of the society said that it was not a temple as it did not have a presiding deity or a dwajasthambam (flag mast) and was involved only in conducting religious discourses, and festivals including Ramanavami, Navarathri and Kandasashti.

TOI reports that the Hindu religious and charitable endowments (HR&CE) department took charge of the hall on a petition by a person whose application for membership to the Sri Rama Samajam, which managed the mandapam, had been rejected. The state took over the temple under Section 49(1) of the HR&CE Act.     “The samajam also manages a higher secondary school, a marriage hall and Gnanavapi, where funeral rites are conducted,” said samajam president S Ravichandran. “All the assets have been taken over by the HR&CE department. The department issued an order on Saturday appointing an assistant commissioner to manage the four assets.”
photo courtesy : www.panoramio.com/photo/43052646

The samajam on Arya Gowda Road was formed in 1954 to celebrate Rama Navami. It gradually expanded and constructed a marriage hall, set up a school nearby and Gnanavapi in T Nagar. The officer tried to serve the order on Saturday but could not as the office was locked, said Ravichandran. “The samajam has filed a petition in the Madras high court through its counsel against the takeover,” Ravichandran said.

Volunteers of the Hindu Mahasabha held protests outside the Mandapam after the takeover. The total assets of the samajam are estimated to be worth more than 5 crore. The HR&CE department said it had appointed an official to probe the financial affairs of the samajam.


So another temple, another yardstick as State Govt and its HR&CE try to usurp power and funds of another Hindu religious institutions – which they cannot do elsewhere…. Sad for the Hindus.

7th Jan 2014.

PS : A SMS received (in the evening) from an advocate friend says
 'Madras HC stays the taking over'...............

Friday, 21 December 2012

Thiruvallikkeni Sri Parthasarathi Swami temple ~ Court case update



From ‘The Hindu’ dt 20.12.12:

HC refuses to interfere in work on Triplicane temple
The Madras High Court on Wednesday declined to grant an interim injunction restraining the authorities from proceeding with the covering of the ‘prakara’ and ‘pradakshina’ course of the Parthasarathy temple at Triplicane here in full or part with any permanent or semi-permanent structure, pending disposal of a writ petition.

Justice D. Hariparanthaman also dismissed another plea for an interim direction to the authorities to restore the coarse stone flooring in the ‘prakara’ and the ‘pradakshina’ course in the temple which had been replaced with polished granite.

V.S. Rajkumar had filed a writ petition seeking to declare the temple as an ancient monument under Section 2 (a) of the Ancient Monuments and Archaeological Sites and Remains Act and the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act. The petitioner had also sought a consequent direction to preserve the ancient monument and antiquity of the temple. The writ petition is pending before the court. Meanwhile, the petitions seeking interim orders were sought.

Mr. Justice Hariparanthaman said the covering work had already been completed. Some facilities were done for devotees, that too outside the temple. The petitioner could not object to the same.
One had to take judicial notice of the fact that similar facilities were being provided in temples when there were a large number of devotees. The counter affidavit made it clear that the tin tower was being provided for the devotees’ benefit.

As regards the other petition that the polished granite stones should be removed, Mr. Justice Hariparanthaman said granite stones were laid in many temples where devotees gathered in large numbers for their convenience. The granite stones had been laid outside the temple at the ‘prakara.’ The Judge said he did not find any illegality in the same. Admittedly, the flooring work had already been over. Hence, no direction could be granted as an interim measure to remove the granite stones.

A petition seeking the declaration of the structure as an ancient monument is already pending

Same news as reported in The Times of India, Chennai Edition 201212
Court refuses to interfere in temple renovation:Dec 20, 2012,

CHENNAI: The Madras high court has refused to interfere with the laying polished granite flooring and building of a semi-permanent roof at the 8th century Parthasarathy Temple in Triplicane.

Justice D Hariparanthaman, dismissing a petition filed by a group of devotees on Monday, said: "Granite stones are put up in many temples to facilitate devotees. The stones are put up outside the temple at the prakara (corridor), that too near the madapalli (kitchen). Hence, I do not find any illegality in the same. Be that as it may, admittedly, the flooring work is already over. Hence, no direction can be granted as an interim measure to remove the granite stones put up near the madapalli."

The petitioners were opposed to the Hindu Religious and Charitable Endowment department's move to lay polished granite flooring and build a semi-permanent tin roofing, saying the attempt to cover the prakara and pradakshina (circumambulation) course would hurt religious sentiments of worshippers. Darshan of the gopuram (tower) and vimanam is a prescribed worship practice followed by devotees, they said.

Rejecting the submissions, Justice Hariparanthaman said that as seen from the counter-affidavit, the covering work of the prakara and pradakshina course of the temple has been completed. Also, it is not the case of the petitioners that the temple tower had been demolished or altered. It is also not their allegation that alterations were made in the sanctum sanctorum. Some facilities were made for the benefit of the devotees, he said, adding that the petitioners ought not to object it.

Ruling out the question of granting interim injunction, the judge dismissed another petition from the petitioners seeking to restrain the temple's executive officer from proceeding with the covering of the prakara and pradakshina course of Sri Parthasarathy temple.

Monday, 17 December 2012

The roof and floor of Temple ~ before the High Court


There prevails great sense of anguish amongst devotees who daily go to Sri Parthasarathi Swami Temple.  They have been protesting and voicing their grievances on the shoddy make up of the ground and clumsy upper cover ~ the Lord deserves the Best of Things…….

Here is something that appeared in ‘Times of India’ Chennai edition of date; reproduced as it is. 


Devotees not floored by govt’s temple roofing idea
A Subramani TNN

Chennai: The eighth-century Sri Parthasarathy Temple at Triplicane is in the middle of a bitter legal battle over the government’s plan to remove its coarse-stone flooring and erect a semi-permanent roof.

    A group of devotees has filed a petition in the Madras high court, saying that besides permanently damaging the antiquity of the temple, the move to cover the ‘prakara’ and ‘pradakshina’ course would hurt religious sentiments of worshippers.  Dharshan of the ‘gopuram’ and ‘vimanam’ of the temple is a prescribed ritual that devotees follow, they said, adding that officials of the Hindu religious & charitable endowments (HR&CE) department are removing the coarse stoneflooring and installing polished granite flooring along the passageway around the shrine.

    “This will result in the devotees’ bare feet getting scorched in the summer,” they said, adding that coarse granite flooring naturally absorbs rainwater and provides acupressure relief to devotees doing ‘pradakshina’.

    The HR&CE commissioner, P Dhanapal, however, alleged that the petitioners filed the plea with ulterior motives and informed the court that the granite flooring had been made rough now and that it was being done for the convenience of the public.      Another donor-sponsored project, the construction of a ‘semi-permanent’ roof, is being carried out to protect devotees from sun and rain, he said in a counter-affidavit in the court.   Work is being done on the request of devotees, Dhanapal said, adding that the ‘sthapathi’ (the temple architect) and ‘bhattachariars’ (priests) too had been consulted.  “It will not hamper the customary viewing of the gopuram by devotees or impair the architectural character or rainwater harvesting in the temple,” he said.

    The petitioners, however, are not convinced.   “If the roof is a temporary structure, the temple authorities have not said how long it  will be in pace or  whether it has been mentioned as ‘semi-permanent’ in the approval order,” they said in their reply.

    Noting that the chaitanyam (divine powers) of a temple is channelled according to its design and construction, they said, “Where the temple has to be covered and where it should be left open is determined at the time the temple is constructed.”  

    After it was built by the Pallava king Danthivarman, the temple authorities modified and expanded the structure. But, unlike the HR&CE authorities, no king ever thought it fit to alter the original temple architecture, the reply said.

    The matter is expected to generate heated debate when it is taken up for further hearing by Justice D Hariparanthaman on Monday.