Surplus Temple Funds Cannot Be Used For Constructing Shopping Complexes: Madras High Court Restrains HR&CE
4 days, 4 hours ago

Surplus Temple Funds Cannot Be Used For Constructing Shopping Complexes: Madras High Court Restrains HR&CE

Live Law  

The Madras High Court recently restrained the Hindu Religious and Charitable Endowment Department from constructing a shopping complex in a land belong to the Arulmighu Nandeeswaram Thirukoil using the surplus temple fund. More importantly, the court noted that as per the HR & CE Act, the surplus temple funds could be used only for the purposes specified in Section 66 or under Section 36A or Section 36B of the Act and for no other purpose. Though the Special Government pleader accepted that construction of shopping complex was not provided as an object under Section 66 of the Act, he submitted that as per first proviso to Section 36 of the Act, the trustees shall give preference to the purpose specified, but could use the surplus funds for any purpose they deem fit, including constructing shopping complex. The court noted that the construction of the shopping complex using temple funds did not indicate propagation of the religious tenets of the institution, which was the purpose of the entire provisions.

History of this topic

'Not Secular Money': Madras High Court Restrains HR&CE Dept From Establishing New Colleges
3 years, 1 month ago
Leasing Out Temple Property For Purposes Unrelated To Worshipping Undermines Heritage Value: Madras High Court
3 years, 5 months ago
'Temple Lands Shall Always Remain With Temples; Public Purpose Theory Shall Not Be Invoked Over Temple Lands' : Madras High Court
3 years, 7 months ago

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