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The Madras High Court will be hearing an appeal on April 21, 2022, filed against the single judge bench order of the high court allowing the takeover of Ayodhya Mandapam by the Hindu Religious and Charitable Endowments Department (HR&CE).

The single-judge bench had allowed the department to appoint a ‘Fit Person’ to take over the administration of the temple.

A Division Bench of Justice M Duraiswamy and Justice TV Thamilselvi while considering the appeals filed by Sri Ram Samaj claiming that the Mandapam is not a temple and cannot be taken over by the HR & CE passed the instant order.

The petitioner had earlier filed a W.P. No. 449 of 2017 dated March 17, 2022, challenging the order passed by the HR & CE department appointing a ‘Fit Person’ to look into the administration of Sri Ram Samaj.

Sathish Parasaran, senior counsel for the petitioner, contended that Ram Samaj was not a temple and the public was not worshiping in the Samaj. It was also contended that no idols were kept and no poojas were conducted as per Agama Sastra. Only functions were conducted on special days/occasions, they are in the nature of Homam and Vedha Parayanams, and no idol consecration and worship according to any Agama Sastra was done.

However, R. Shanmugasundaram, Advocate General (AG) for the respondent contended that the Samaj is a public temple as per Section 6(20) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

Shanmugasundaram added that in the petitioner Samaj, idols are kept and regular poojas are conducted and the general public comes to the temple to participate in poojas and worship.

AG further stated that the petitioner receives a huge amount and has been collecting the amount through hundial. These amounts are not accounted for.

AG Shanmugasundaram asserted that in order to rectify the mismanagement taking place by the members of Samaj, a Fit person is to be appointed by the impugned order of December 31, 2013, by the Assistant Commissioner, HR & CE, which is valid and legal, and hence, prayed for the dismissal of the writ petition.

The Single Judge, on hearing both the parties was of the opinion that there was a dispute with respect to the installation of idols and poojas conducted by the petitioner and whether the Samaj is a public temple or not. And hence, the court dismissed the writ petition filed by the Samaj.

Based on the Single Judge order, a ‘Fit Person’ took possession of the temple on April 11, 2022, in the midst of protests by the BJP members who claimed that the act of HR & CE was illegal as Ayodhya Mandapam was not a temple.

When the matter was taken up on April 12, 2022, the court recorded the submissions of the respondent that the school and the Marriage Hall belonging to the Ram Samaj are functioning without any interruption. The respondents further submitted that the Samaj is kept open and necessary poojas are being conducted.

The court for further hearing will take up the matter on April 22, 2022.

Case Title: Sri Ram Samaj v. The Commissioner and Others.