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Justice Velmurugan of Madras High Court recently dismissed a plea challenging the order of the Hindu Religious and Charitable Endowments Department of Tamil Nadu to appoint a person to manage the affairs of Sri Ram Samaj, an independent charitable organisation at Chennai.

The order was passed on a plea moved by the charitable organization (society). Court, however, granted liberty to Sri Ram Samaj to approach the appropriate forum to challenge the impugned order whereby the HR&CE Department had appointed a fit person to manage the affairs of the society.

The counsel for the society argued that Sri Ram Samaj is not a temple and the public is not worshipping in the Samaj and it is meant only for members of the society. He further submitted that the right of membership in the society is not an automatic or vested right of any person along with the right of entry into the premises of the petitioner society.

Society's counsel further contended that no idols are kept and no poojas are conducted as per Agama Sastra. He asserted that large size photographs of Lord Sri Rama, Sri Lakshmana, Sri Sita and Sri Hanuman are installed in the said Samaj, and poojas (worshipping rituals) are done only for the photographs.

He argued that the society also conducts various other functions in its buildings such as Veda Parayanam and Homams on auspicious occasions viz., Pradosham days, Gurupeyarchi and Sanipeyarchi, Navarathri days and Maha Sandi Homam but even then no idol consecration and worship according to any Agama Sastra are done.

On the other hand, the counsel for the State argued that Sri Ram Samaj is a public temple as per Section 6(20) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

He alleged that idols are kept at the society and regular poojas are conducted and general public come to the temple to participate in the poojas and worship there. He averred that the society also receives huge amount and are collecting amount through hundial.

He submitted that the society is not accounting for the amount so received, but is using the same for personal use of its members. He also claimed that a number of complaints have been received about mismanagement of the society and when the Assistant Commissioner of the HR&CE Department made a spot inspection and found the idols installed.

Court, on hearing the parties, noted that from the reply sent by the petitioner society to the notice issued by the HR&CE Department as well as from the averments in the affidavit, it could be seen that on the premies of the society idols of Sri Rama, Sri Lakshmana, Sri Sita and Sri Hanuman are installed in the and poojas are regularly conducted and festivals are celebrated.

Court noted that the only contention based on which the petitioner disproves the case of the respondents is that the idols are not consecrated as per Agama Sastra and poojas are not conducted as per Agama Sastra. Upon this Court said, “there is a dispute with regard to installation of idols and poojas conducted by the petitioner and that whether Samaj is a public temple or not."

Therefore, while dismissing the writ petition, Court held that “this disputed questions of fact cannot be decided in the Writ Proceedings, however, it is open to the petitioner to challenge the proceedings before the appropriate forum.”

Case title: Sri Rama Samaj Vs Commissioner HR&CE Department