Madras High Court rules temple funds belong to deity and cannot be diverted for government projects, quashing marriage hall plans and reinforcing protection of devotees’ contributions under HR&CE Act.
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CHENNAI: The Madras High Court’s Madurai Bench on 19th August 2025 delivered a landmark judgment reinforcing the sanctity of temple resources. A division bench comprising Justice S.M. Subramaniam and Justice G. Arul Murugan struck down five government orders that permitted the construction of marriage halls using temple funds. The court held that such diversion of funds violated the provisions of the Hindu Religious and Charitable Endowments (HR&CE) Act, 1959 and amounted to misuse of devotees’ contributions.
Background of the Case
The petitions, filed by Rama Ravikumar, challenged government orders issued between 2023 and 2025 that authorized the construction of marriage halls on temple lands belonging to five shrines, including the renowned Arulmigu Dhandayuthapani Swami Devasthanam, Palani.
The move arose from an announcement in the Assembly by HR&CE Minister P.K. Sekarbabu, who proposed constructing halls in 27 temples at a cost of Rs 80 crore using surplus temple funds, with plans to rent them out for marriages.
Arguments by the Parties
Petitioner’s Arguments:
- Temple funds, donated by devotees, cannot be diverted for commercial projects such as rental halls.
- The HR&CE Act allows utilization only for religious and charitable purposes like temple maintenance, festivals, annadanam (feeding the poor), and helping needy devotees.
- Some proposed projects were 100–150 km away from the contributing temples, offering no benefit to the respective shrines.
- No statutory approvals or building permissions had been obtained, and the project risked reducing temple space available to devotees.
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State’s Defence:
The Tamil Nadu Government argued that:
- Marriage, being a sacred Hindu sacrament, qualifies as a religious purpose.
- Constructing affordable halls would help Hindus conduct weddings at lower costs.
- Loans taken from temple funds would be repaid, and permissions were in the process of being secured.
High Court’s Findings
The bench rejected the State’s stance, holding that:
- Marriage is a sacred union, but not a “religious purpose” under the Act, especially when halls are meant for rent.
- The element of charity was absent since the project involved commercial rental.
- Temple funds legally belong to the deity, who is treated as a minor in law, and the court has a parens patriae duty to safeguard them.
- Statutory safeguards under the Utilisation of Surplus Funds Rules, 1960, like publishing proposals, inviting objections, and limiting diversions, were completely bypassed.
- Past judicial precedents, including a 2025 Supreme Court ruling barring shopping complexes on temple lands, made it clear that commercial projects lie outside “religious purposes.”
The Verdict:
The High Court declared the government orders illegal and unconstitutional, quashing all five. It also directed that any misuse of temple resources must be recovered from the responsible officials.
Case Title:
Rama.Ravikumar vs State of Tamil Nadu and Others
W.P. (MD) Nos. 5893, 15498, 17666, 21966 & 21967 of 2025
READ ORDER HERE
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