Madras High Court Bench quashes tender notification by executive officer of Palani temple

MADURAI: The Madurai Bench of the Madras High Court on Tuesday quashed a tender notification issued by the executive officer-cum-fit person of the Arulmigu Dhandayuthapani Swamy temple in Palani to hire housekeeping service for the temple.

The court said that major decisions which have financial implications ought to be taken only by the temple’s board of trustees, and advised Tamil Nadu authorities to take steps to constitute a board of trustees for the temple as soon as possible.

Justice GR Swaminathan noted that due to a change in the political scenario in 2011, some temple trustees resigned from the boards, and to fill the vacuum the Tamil Nadu government had passed an order that year appointing executive officers as ex-officio ‘fit persons’. "Though it was an interim measure, nine years have gone by and the executive officers continue to be at the helm of affairs," he said.

"As per Rule 11 of Collection of Income and the Incurring of Expenditure Rules, no expenditure shall be incurred without the written order of the trustee. But, if the executive officer himself is also made the fit person so that he can discharge the functions of a trustee, and such a scenario continues for years together, it is certainly fraud on the statute," the judge pointed out.

The judge also concurred with the contentions of the petitioner's counsel that the executive officer for Palani temple had been appointed under the Madras Act, 1927, and no fresh proceedings were issued under the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959. Arguments made by government counsels questioning the locus standi (right to bring an action to a court of law) of the petitioner were quickly rejected by the judge. "He has filed the plea in his capacity as a devotee or worshiper," he said.

Allowing the petition, he quashed the tender notification dated August 20, 2020 and advised the State authorities to take steps to constitute board of trustees for Palani temple as early as possible.

Justice Swaminathan also quoted from The New Indian Express editorial published on September 22 regarding similar concerns pertaining to the administration of temples in Andhra Pradesh that cropped up following the recent Antarvedi temple fire.

"Reconstituting temple trust boards with eminent Hindus and men of impeccable character would be a good start.  Leaving the temples in the care of the bureaucracy and politicians hasn't helped," he quoted and said that these words are relevant to Tamil Nadu as well.

The petitioner, TR Ramesh, had challenged the notification on various grounds which, apart from questioning the capacity of the authorities, also included the argument that devotees are entitled to offer voluntary service known as 'Uzhavara pani' and that cleaning and maintenance works should not be given to outsiders in the name of a housekeeping contract.

The judge accepted this contention by quoting from the 'Periyapuranam' and added that the temple management cannot deny this right.