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Division Bench of Madras High Court Issues directions to State of Tamil Nadu to Ensure Proper Maintenance of Temples and Monuments [READ ORDER]

By LAWSTREET NEWS NETWORK      12 June, 2021 10:31 AM      0 Comments
Division Bench of Madras High Court Issues directions to State of Tamil Nadu to Ensure Proper Maintenance of Temples and Monuments [READ ORDER]

A division bench of Madras High Court comprising Justices R Madhavan and PD Audikesavalu has issued a set of 75 direction to the State of Tamil Nadu in its 224- page judgement to ensure the proper maintenance of antique temples and ancient monuments emphasizing the need to preserve cultural heritage.

The court came down heavily upon the department of HR&CE and Archeology for not looking after the upkeep of the temple and idols and passes guidelines to ensure reforms in the administrations of temples under the HR&CE Act.

The court emphasized that the public purpose theory should not be applied in case of temples as the sentiments of communities are attached to them. The court, to this end, observed that the temple land must always remain with the temples and the State government or the HR&CE Department should not alienate or give away lands against the wish of the donors.

The court directed the HR&CE Department for proper audit of temple assets and utilization of the funds of temples for their upkeep and maintenance.

The court also directed the formation of a Special Tribunal under the Tamil Nadu Hindu Religious and Cultural Endowments (HR&CE Act) that will exclusively deal with the matters relating to temples. The court observed the formations of a High Level Committee for the purpose of reviewing the HR&CE Act once every three years to make necessary changes and modifications and amended by incorporation of peal provisions as per IPC and procedure as is laid down under Cr.P.C. 

 

[READ ORDER]



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