Constructing college on temple land is a benevolent act, says Madras High Court

Constructing a college by taking temple lands on long term lease can only be considered as a benevolent act, the Madras High Court has said while dealing with a case filed against leasing out 2.5 acres of land belonging to the Somanathaswamy Temple at Kolathur in Chennai.

Justice M. Dhandapani wrote: “A scrutiny of the September 3, 2024 notification, which is impugned (under challenge) herein, reveals that the subject temple lands are meant for a long term lease to run a college, and thus, the object is a benevolent one.“

The judge, for the present, refused to interfere with the notification issued by the Hindu Religious and Charitable Endowments (HR&CE) Commissioner and directed the writ petitioner T.R. Ramesh of Temple Worshippers Society to submit his written objections/suggestions to the Commissioner.

The direction was issued after Special Government Pleader (HR&CE) N.R.R. Arun Natarajan brought it to the notice of the court that the notification itself had called for objections/suggestions to the Commissioner’s proposal but the petitioner had chosen to approach the High Court straightaway.

In his affidavit, Mr. Ramesh said, a Government Order (G.O.) was issued in 2021 for establishing a few arts and science colleges on temple lands. He immediately filed a Public Interest Litigation petition in the High Court challenging the G.O. issued by the Higher Education department on October 6, 2021.

On November 15, 2021, a Bench led by the then Chief Justice Sanjib Banerjee (since retired) and Justice P.D. Audikesavalu had permitted the functioning of four such colleges at Kolathur in Chennai district, Tiruchengode in Namakkal, Ottanchatram in Dindigul and Vilathikulam in Thoothukudi on certain conditions.

The Bench ordered that the colleges must also offer courses in Hindu religious instructions. “It must be appreciated that, however, pious the intention may be to use perceived surplus funds [of temples] for the purpose of education, these funds are out of offerings for a particular cause and, ordinarily, the cause must not be forgotten and the same must be espoused with a part of the funds, even though the larger sphere of education may also be addressed,” the judges had said.

Though the interim order continued to be in force till date and the 2021 writ petition was still pending final adjudication, the HR&CE Commissioner had come up with the present notification for giving 2.5 acres of land belonging to the Somanathaswamy Temple on a 25-year-long lease to the Mylapore Kapaleeswarar Temple whose funds were to be used for the construction of the college in Kolathur, the petitioner complained.