Madras HC: Form special courts, appoint external auditors for temples

Chennai: “The lands of the Lords are in trouble! Even Gods and Lords are not spared. The temples in Tamil Nadu are historic symbols of Tamil history and they are the properties of the community as a whole. But God’s money is robbed by the notorious society”, observed the Madras high court while suggesting formation of a special court  to exclusively deal with cases relating to Hindu religious and charitable endowments and appointment of external auditors for proper scrutinisation of accounts and effective control of management.

“The tenants and encroachers are defrauding on rents for the temple lands which are taken on lease and breaking of hundis, stealing the temple jewels, values of which are immeasurable, and the lifting of antique metal icons to other countries is increasing day by day. These are illustrations of sordid handling of temple properties across Tamil Nadu by HR & CE department that administer most of the temples in the state.

Every temple across Tamil Nadu has been suffering these kinds of troubles with losses running into several hundred crores of rupees though the government claims to be serious about consolidating temple assets”, said a Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana.

Disposing of a petition from K. S. Kuppusamy, the Bench said though the petition was filed with regard to Arulmigu Sellandiamman temple, Perundurai, since the petitioner was not a tenant under the temple, and as the petition relates to the procedures flouted by the temple and conducting of public auction for fixation of fair rent, the matter was taken as a PIL.

Writing the judgment for the Bench, Justice Pushpa Sathyanarayana said temples and mutts in Tamil Nadu own more than five lakh acres of agricultural and other lands. Tenancy laws in Tamil Nadu and non-functioning of revenue courts make it almost impossible for temples to realise any rent or revenue from the lands leased.

“In such circumstance, to safeguard and protect the value and valuables of  temples, a special court could be formed to deal with cases relating to HR & CE exclusively so that the cases would be cleared in a speedy manner within the time frame”, the Bench added.