'Assistant Commissioner of HR&CE Dept has no power to declare an institution a religious institution': Madras High Court

The Madras High Court recently held that the Assistant Commissioner of the Hindu Religious & Charitable Endowments Department has no power to declare an institution as a religious institution.

The bench of Justice N. Sathish Kumar said that "when the power is vested specifically with the Joint Commissioner and Deputy Commissioner to decide the issue as to whether an institution is a religious institution or not, such power cannot be exercised by the Assistant Commissioner".

"It is very clear that even for publication of the list of religious institutions, notification of religious institution has to be made only by the Commissioner and the power under Section 49 (of the HR&CE Act) is available to the Assistance Commissioner to appoint Trustees and Fit Persons in a religious institution to exercise such power, the institution must be a religious institution or otherwise it should have been declared as a religious institution", observed the court. 

In view of the same, court held that without having been declared as a religious institution, the Assistant Commissioner cannot assume the role and power of the Joint Commissioner or Deputy Commissioner and decide whether the institution is a religious institution.

The court was dealing with a writ petition filed challenging the order of the Assistant Commissioner, HR&CE Department declaring Sri Santhana Srinivasa Perumal Public Charitable Trust (petitioner Trust) as a Religious Institution and appointment of a fit person to Arulmighu Santhana Srinivasa Perumal Temple, Mogappair.

The petitioner Trust was formed in the year 1993 with an objective to spread the cult of Lord Srinivasa Perumal. The amended Trust Deed also showed that the object of the Trust was to perform poojas and maintain Arulmighu Santhana Srinivasa Perumal Temple, Mugappair, Chennai which is a hereditary Temple of the family of M.S.Ganesan, Managing Trustee (6th respondent).

The temple was brought under the the management of HR&CE Department in 2010. Later on, the allegations arose against the Managing Trustee that he was trying to misuse the funds of the Temple and he was removed from the post. 

He filed a suit and in the meanwhile, the HR&CE department appointed a Fit Person/Executive Officer who took over the management of the Temple in 2014.

The Executive Officer found maladministration of the temple and mismanagement as well as diversion of Temple funds to the Trust and thereafter, the Assistant Commissioner, HR&CE department initiated proceedings and passed the impugned order declaring the Trust as a religious institution and appointed a fit person.

The court set aside the impugned order and directed the Joint Commissioner, HR&CE Department to ascertain whether the petitioner Trust is a religious institution or not within a period of seven months.

Case Title: Sri Santhana Srinivasa Perumal Public Charitable Trust v. The State of Tamil Nadu and Others