TN Temples HR &CE EOs Out Trustees back

Madras HC order paves the way for the phasing out of Executive Officers in HR & CE Temples and the appointment of Trustees to take over the management of the temple

“With the elapsing of the tenure of the E.O (period of five years), he becomes functus officio” - Judge Dr. Anitha Sumanth on the role of EOs in TN Temples

Name of the Trustees and their phone numbers should be displayed inside the temple - Judge M.M. Sundresh

                            Photo: Madras HC Website

The recent Madras High Court Judgment reiterating the maximum tenure of Executive Officers in HR & CE administered temples in Temples has turned the attention back to Trustees. As per the Madras HC order in the Sri Varasiddhi Vinayagar Sath Sangam, Besant Nagar and the HR & CE case, Executive Officers cannot function in any temple in Tamil Nadu for more than five years. 

Referring to the judgment of the Hon’ble Supreme Court in the case of Dr. Subramanian Swamy and Another Vs. The State of Tamil Nadu and Others (Chidambaram Temple) as well as the TN Government’s rules for appointment of E.O where in their tenure has been set at a maximum of five years (G.O.Ms.No.260 dated 06.11.2015), Judge Dr. Anitha Sumanth said “....with the elapsing of the tenure of the E.O (period of five years), he becomes functus officio.”

As per this order, the position of the Executive Officers in TN temples has become untenable and the temple has to be handed back to the hereditary trustees, or a new board of trustees has to be constituted. 

When can the E.O come into a temple

Section 23 of the HR & CE act specifically provides for an exigency and proviso thereto stipulates that notice has to be given to the person in charge along with complete particulars of the allegations (against the persons in management (Trustee) prior to any attempt at taking over the management of the temple. Public temple collecting public money in the hundials does not by itself call for interference by the HR & CE department, except if the department has sufficient evidence of mis-management or mal- administration.

Appointment of Trustees in TN Temples

18months ago, Mannar Koil Kulasekara Azhvaar Rajagopalaswamy Temple’s Periya Nambi Acharya Narasimha Gopalan had questioned the transparency involved in the appointment of non hereditary Trustees in Temples. In a letter to the Commissioner of the HR & CE and to the Secretary to the Govt - Religious Endowments Dept, he had requested to make public the qualifications and credentials of Trustees selected for the Temples in Tamil Nadu.                                                                                  

He himself has been fighting for his rights as the hereditary trustee of this temple pointing to historical inscriptions dating back close to a 1000 years that directs the Periya Nambi Clan as the Trustees of the temple.

Trustees name and phone number should be displayed inside the temple

In his order in September 2020, Judge M.M. Sudresh said "The trustees are doing a public duty and are appointed as trustees of the named temples to take care of the interest of the  temples to which  they   are  appointed.  Therefore, it is not only logical but also proper that their names along with their profession/ avocation will have to be  published  in such of those temples in which they are appointed and thereafter function as trustees. Their phone numbers also will have to be indicated so that a devotee can have access to them to redress his grievance on the functioning of the temple."

For decades, most temples under the HR & CE administration have had no trustees and the activities of the temples have been administered by “Fit Person” appointed by the Government.  There are also cases in temples where the Fit Person and the EO are the same. In many cases, the application for funds is signed by the EO of the temple and the same individual approves the application and signs as the Fit Person.

Temple EOs have to quit immediately - TR Ramesh

TR Ramesh, President, Temple Worshippers Society was instrumental in securing the Chidambaram Sabanayakar temple back to the Hereditary Trustees from the HR &CE referred above in Dr. Anitha Sumanth’s order. For over five years, he has also been fighting the presence of Executive Officers and the Fit Person in HR & CE temples. He is of the view that even in a temple where an Executive Officer is appointed by validly following the procedures laid down in law, the Court has opined that such Executive Officers cannot function in such temples beyond 5 years. "Specifically, in the case of Sri Kapali Temple, the presence of an E.O. is illegal as per the Court’s order. The Management of the temple should immediately be handed back to the Saivite community of Poonamalee Mudhaliars, who are the hereditary trustees, from whose hands the administration was taken over a few decades ago.”

Poonamallee Community's contribution to Kapali Temple

Over three Centuries ago, when the Kapaleeswarar temple was being built in its current location, the Thuluva Velalar community had a significant role to play in its development. AC Kandaswamy, a Civil Engineer, President of the Poonamalee Uyar Thuluva Vellalar Marabinar Sangam had told this writer last year that his forefathers had donated lands for the Kapaleeswarar temple 380 years ago. Several members of the community made large donations in the form of jewels and house properties for the maintenance of the temple. It was with the rental income from these properties that Utsavams were organised in the centuries gone by.

Historically, the Community has been organizing the first day of the Theppotsavam in Thai every year and also the Yaanai Vahanam procession on the sixth day of the Panguni Brahmotsavam. In addition, they have also been organizing the Vayilar Nayanar Utsavam on Margazhi Revathi. Also, their forefathers were once the ‘Kanakkupillai’ at the temple. 

                            AC Kandaswamy

Till the middle of the 19th century, there were two trustees and one overseer (supervisor) on the board of the temple. Even after the HR & CE took over the administration of the Kapali temple, three members of the Thulu Vellala community were appointed as trustees and this went on till 1976.

When this right was taken away, the community approached the court that in 1980 directed the appointment at least one representative from the Poonamalee Uyar Thuluva Vellalar Marabinar Sangam to the Board of Trustees of the temple. For three decades, there continued to be this representative on the Board. Earlier last decade, the trustee was done away with and ‘Thakkar’ was appointed by the HR & CE. And the same Thakkar has continued for several years now.

The HR &CE has on Saturday (Oct 30) called out for the Poonamallee Uyar Thuluva Sangam to apply for the post of the trustee at the Kapali Temple.

As the order extends to all HR&CE temples in TN, it is expected that such Trustees will soon be appointed across all the temples in the state.

The Next Steps

District Committees are likely to be appointed soon for selecting trustees for temples under the HR & CE administration across the state.  TR Ramesh and his team are working towards creating likeminded groups in the state. He is also creating a document on who could apply for the post of trustees in temples across the state so devotees can start applying for the post in their respective hereditary locations. 

Will devotees take to this opportunity in 1000s and apply for the post of Trustees in each of the so far HR & CE administered temples in TN. Also, will the corporate chieftains, who enjoy credibility of having established long standing institutions, take to this and anchor the transformation in temples.  One will have to wait and watch if people will come in large numbers and take up the Trusteeship in historical Paadal Petra Sthalams, Divya Desams and Purana Sthalams that had thus far been administered by the HR & CE.