Leasing out temple property for purposes other than worship amounts to degradation of heritage value: Madras High Court

Read Judgement: K.Suresh v. The Secretary to Government and Ors 

Pankaj Bajpai

New Delhi, July 19, 2021: The Madurai Bench of the Madras High Court has expressed anguish over temple property being leased out for purposes unrelated to the worship without the authorities being mindful of the heritage value of the temple. 

The Division Bench of Justice TS Sivagnanam and Justice S Ananthi said the shops permitted to carry out trading activities on temple property have virtually become shopping centres.

The Bench made the observations in a PIL filed by K Suresh, who is the Vice President of the Dharma Sena. He urged that the Kanniyakumari District Temple Trustee Board and the Shree Parameshwara Brahmanandha Theertha Sivangal, Madathipathi of the Munchirai Madam be engaged to conduct certain temple rituals for the Arulmighu Adhikesavan Temple, which he stated was mandated as per the Agamams (scriptures) of the temple.

Though he had sent a representation for the same to the concerned authorities, the same did not yield any positive response, prompting him to move the High Court for relief.

The petitioner argued that people of the locality held the deity with utmost reverence and that it was sad to see that the temple was not being maintained properly and that the rituals and poojas were not being performed at the temple as per the Agamams.

The High Court noted that the HR & CE Department has a duty to maintain the temple and preserve its heritage value for posterity. 

The Bench found that there are several people who have contributed to this issue resulting in temples being fund-starved. The lessees of the temple are among the main persons who are to be blamed for the temples being left without sufficient funds. 

The High Court also found that the Authorities being unmindful of the heritage value of various temples had licensed and leased out the temple property as well as the pragarams and verandas of the temples to traders to carry on trading activity by selling articles which are unrelated and unconnected with the temple and the worshipping public. 

The High Court added that people have not learnt their lesson despite the fire accident that broke out at Madurai’s Meenakshi Amman temple, which is stated to have originated in a shop located near the temple and which destroyed about thirty other shops. 

The Court also noted that it is not only the Hindu Religious & Charitable Endowments Department (HR&CE Department) that is to be blamed for this sorry state of affairs.

The High Court, therefore, said if the petitioner has material with him as to how the Arulmighu Adhikesavan Temple has to be preserved, restored and maintained, he can share the details with the Authorities by way of detailed representation.