The Court’s Order is 224 pages long . It is almost a comprehensive White Paper on the present condition of the 42,000 Hindu temples in the state . As far as Hindu temples in Tamil Nadu are concerned everything (to use a Shakespearean expression from Hamlet) “is rotten in the state of Denmark!”…
I read the entire Order today… Much of it I quickly flipped and sped through … but the parts and passages in it that really caught my eye … and which I think are absolute zingers … I have reproduced below : Every Hindu who is a temple goer and who believes in the institution of the temple should read this High Court Order ! It is an education!
Sudarshan Madabushi
The HR&CE Department is the custodian of most of the temples and the properties including the idols belonging to them. It is their primary duty to protect, maintain and safeguard the temples and its valuable idols/antiques, which, this Court with great anguish, expresses that the department has failed to do. The protection of the temples would, without saying, go on to imply protection of the temple lands as well as all the activities associated with the temple and its tradition. It is startling to find that the HR&CE department with all its income from major temples has not been able to maintain historical temples and safeguard the Idols, which in market, have antique value based on their age. Some temples in the state have also been recognised by the UNESCO as heritage sites. Many temples constructed at least 2000 years ago or much before, recognised by UNESCO, are in ruins. Neither the Archaeology Department nor the HR&CE Department has shown interest to identify and protect them. This has also come to the advantage of the miscreants, who have laid their hands on the Idols. Some of the officials are only interested in reaping the benefits of their position in the department, without adhering to the task entrusted to them with devotion.
The Tamil Nadu Hindu Religious and Charitable Endowments Act, XXII of 1959 came into force with effect from 28th April, 1960. It has been 61 years and yet, the HR&CE department has not even taken inventory of the idols, properties, jewels and other Articles gifted to and owned by the temples. Further, the department has not computerised the details of idols, jewels and properties of the temples and provided adequate ICON Centres with surveillance to keep safe custody of the valuable idols in the centre and in the temples. This has led to the advantage of the culprits, who have aided in smuggling the Idols out of the country. As the theft of Panchaloka idols worth crores kept on increasing, the Idol Wing, CID, vide G.O.Ms.No.2098, Home (Police IV) Department, dated 07.10.1983, a first of its kind, was created to investigate and recover the Idols, but, the steps taken by the department to arrest the theft, are unsatisfactory. Now, the wing is also effectively ineffective.
A duty is cast on the Commissioner under Section 23, to ensure that such temples and endowments are properly administered and that their income is duly appropriated for the purposes for which they were founded or exist and therefore, whenever any order is passed, the object of the endowment is not to be forgotten. Section 29 of the Act lays down the preparation of register for all institutions by the Commissioner. That apart, the Joint Commissioners are clothed with the power to retrieve the temple lands from the encroachers by exercising the powers under Sections 78, 79 and 80. But, the officials have not properly exercised the power conferred on them and they are in dereliction of duties and responsibilities assigned to them. At least from now, the HR&CE Department should act diligently to retrieve all the properties under the encroachments.
“….. role of the state department is to protect the monuments by carrying out appropriate repair works without damaging the original structures. It is also the duty of the state to ensure that all illegal encroachments and constructions are removed.
Similarly, it is the duty of the officers of the central Government to ensure that appropriate action is taken to protect the monument or sites. Section 30C of the Ancient Monuments and the Archaeological Sites and Remains Act is an exhaustive provision and when read together with Sections 30A and 30B, it not only empowers action against any officer of the central department, who has failed in his duty, but also indirectly enables the officer of the central department to take action against any person, be it even an officer under the state who has acted in detrimental to the interest of the monument or site in collusion with the perpetrator and any officer of the central Government. However, the report filed by the UNESCO team referred to above would clearly indicate that both the central and state departments have failed in its efforts to safeguard the sites and remove the encroachments and illegal constructions in and around many temples and sites of archaeological importance including Mamallapuram and hence, they are liable to be prosecuted under Section 30C.
31.18 Though the Rules relating to custody of jewels and valuables are in vogue, proper inventory is not maintained. There is no central registry, wherein the details of all the valuables, jewels and documents are maintained, so as to make cross verification and put culpability on individuals handling them.
32.5 Based on documentary resources and physical inspection of the temples, the mission has provided a detailed assessment report for each of the 10 listed temples. The major issues observed in conservation of temples as stated by UNESCO in its report, are extracted hereunder:
“1.HR & CE neither has the capacity nor the qualified experts to carry out conservation works at such large scale and number.
2.There is no appropriate system or process being followed as per conservation norms for documenting, assessing, reporting, tendering etc. of heritage works. There is no empanelment of experts at various levels or qualified heritage work contractors for such specialised works.
3.The quality of most of the current regional and local sthapathy’s is questionable as most of them were found incompetent on site. And this point was also accepted by the Chief Sthapathy of HR & CE.
4.Some of the HR & CE staff members (few JCs and juniors) seem sensitive to heritage and show potential for being trained as Heritage Managers for future. However, majority of them lack essential qualification and expertise and seem totally misfit for such a responsibility. It needs to be recognised that the HR & CE officials
are primarily in place to manage the day to day affairs of the temple and do not hold any qualification to oversee technical works like conservation. This is part of the TN HR & CE Act as per the Commissioner, HR&CE. However, at times they go beyond their mandate to take decisions regarding works in the temples, in some cases even overruling their own expert committee members’ opinion.
5.The quality of conservation works at the temples assessed during the mission varied to a large extent with some good examples, some mediocre works and some truly shocking scenes of demolition and massacre of historic temples. Details of each temple assessment and visuals are included in Section 3 of this report.
6.Despite involvement of experts such as ASI, Ex-ASI archaeologists, Chief Sthapathy, Structural experts; it was found that HR & CE is not following the reports of their own experts at ground level. A detail of expert reports for each temple and deviations made are recorded in the individual assessment for each temple under Chapter 3 in this report.
7.Inputs from Agama Shastras are not to be seen in any of the conservation projects. Consultation with Agama Experts and justification from religious perspective for the intervention, be it demolition, conservation, new construction is missing in all temples inspected. In fact, from HR & CE perspective there seems to be a disjunction between Agama Shastras and Shilpa Shastras failing to realise that Shilpa is just and extended arm of the Agama Shastra. Hence, all that is observed is a very limited attempt to adhere to the Shilpa Shastras.
8.Maintenance of record of existing, proposed drawings, historic research and historic layering of temples is completely missing in most cases. It is the most essential part and forms the base for any future conservation works.
9.A Comprehensive Conservation Plan and / or a Detailed Project Report for the temples are missing, which is essential in any conservation works. Many decisions for interventions seem to be taken at the site by few individuals without any holistic process to assess the urgency, necessity, severity and justification for the intervention.”
32.6 Quoting Agama Shastras, reference to Shilpa Shastras, Alignment with Conservation Guidelines as per ASI Policy / ICOMOS Charter (Venice/Athens/Burra/Nara Document of Authenticity etc.), adherence to National and State Acts, Scientific Procedures such as Structural Analysis, Surveys and Detailed Reports for each action and a completion report after works and also the need for communicating the Conservation Approach, the mission made final recommendations, as per which, the temples being handled by the HR&CE Department are unimaginable and unless a very coherent operational structure along with an army of experts, skilled stapathis and craft persons are available on hand, the task of simultaneously conserving / managing repairing temples is not feasible.
(xvii) There are certain documents relating to the estimates for works undertaken in the Srirangam temple between 2014-16 at Rs.5,66,90,801/-. But the total amount of funds spent by the temple during this period according to Board Resolution, is Rs.20,90,98,368/-. Apart from this, the temple has spent more than Rs.25 crores for conservation work of Rampart walls on the 5th, 6th and 7th prakaras and hence, the temple has spent in excess of Rs.50 crores during 2014-16. There are documents depicting the fact that the Board of trustees of the said temple, have resolved to spend temple funds for non essential works, which show the depth of corruption by the trustees appointed.
(xxii) It is asserted that the HR&CE Department have a total extent of 478462.46 acres of land. However, the land records were not produced to audit and the correctness of the figures and the custody of the land in possession of temples could not be ensured. Hence, it is necessary to furnish the information relating to the extent of land to which pattas are to be transferred to temples from private persons, the extent of land pattas to be restored in the name of temples in computerized chitta from private persons, the extent of lands to be cleared from encroachment and to be restored in the name of temples, etc.
36.6.1 Reiterating the averments made in the latest affidavit filed on 11.01.2021, Mr.M.Karthikeyan, learned Special Government Pleader (HR&CE) submitted that there are about 44,121 religious institutions under the control of the HR&CE Department, out of which, 1966 are Mutts, Charities and Endowments, 42155 are temples in which nearly 8450 temples are ancient one, which are built before 100 years; and it was found that nearly 21000 temples need to be renovated and Kumbabhishegam to be performed in the upcoming years.
36.6.2 Adding further, the learned Special Government Pleader (HR&CE) stated that from the database so far collected for 40695 temples, 32935 are stated to be in good condition, while 6414 temples are considered to be having damages that are needed to be repaired; 530 temples have been identified as partially dilapidated; and 716 temples have been identified as severely dilapidated; and steps have been initiated to restore/renovate all the 1246 dilapidated temples in a phased manner and a unique ID for all the dilapidated temples has been created in the Tiruppani module of Department website to give priority for the restoration process.
…, the statistical record reveals that out of 5.25 lakh acres of land, only 4.78 lakh acres are available as of now and the balance acres of land are in the hands of encroachers. It is significant to mention here that the HR & CE department is the custodian and administrator of the temples and its properties. But this department, to the knowledge of this Court, has not purchased even a small portion of land for the benefit of any temple. As administrator, the role of this department is much more responsible and the officials are culpable and liable to be punished in case of breach of their responsibility. The administrative right to deal with the temple properties is only to preserve and augment more revenue, implying that the temple lands ought not be alienated or given away. It is to be noted that the Government cannot claim right over the temple lands and the same cannot be a part of any Government scheme, otherwise, the very object of the creation of the HR & CE department would get defeated.
Another important contention that is often raised is non appointment of a “Trustee” and managing the temples with department staff appointed as “Fit Person”. As per the provisions of the HR & CE Act, the Commissioner is empowered to appoint a fit person to administer the temple in the absence of a Trustee and the same cannot be resorted to as a matter of routine exercise. The word “Fit” is synonymous to “Appropriate”. The intention of the legislature is to appoint a person not only with impeccable integrity, devotion, sincerity, honesty and belief, but also a person with some basic knowledge in agamas, tradition and administration. The appointment cannot be mechanical, but it has to be made with application of mind in a transparent manner. Similarly, only a theist can be permitted to occupy any post in the temple or in the department as the occupation of any post not only requires sincerity, but also an interest and belief to augment the object of the Act. It is needless to state that the trustees so appointed must also be worthy to such appointments. Mere political recommendation or a person capable of making huge donations cannot be a criteria for being appointed as a Trustee. A true donor would be a person, who makes such donations in pursuance of his philanthropic or spiritual ideology but not for a quid pro quo appointment as a Trustee. Therefore, the trustees must also satisfy the requirements as mentioned above.
The HR&CE Department shall file a report before this Court within a period of eight (8) weeks listing out the number of temples without Trustees, the duration of such vacancy, the particulars of the persons appointed as “Fit Person” and the steps taken by the Department to appoint trustees.
(55) If no hereditary trustees stake claim, then steps must be taken to appoint non-hereditary trustees. The non-hereditary trustees must be from the religious denomination, to which the temple belongs to, without the political background.






