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Admitting a petition that challenges the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Madras High Court today asked the State of Tamil Nadu to file a rejoinder in the matter.

The matter was listed before the Division Bench of Chief Justice Sanjib Banerjee and Justice P.D.Audikesavalu.

The petition challenges not any particular provision of the Act, but the whole Act.

Admitting the petition, the Bench noted,

“The challenge here is not to any particular provision but to the validity of the Act on the ground that the State cannot monitor or maintain places of worship pertaining to any religion, whatsoever.”

When Court confirmed the same with the Counsel for the petitioner, R.Gururaj, he said it is because there is no such Act for any other religion except for Hindus.

He further contended that that according to him the Act is against the fundamental rights as provided under the Constitution of India.

He averred that Government should not be running the temple administrations. For his contention he relied upon several earlier judgements of the Supreme Court.

The Court has further noted that,

“The petitioner has also filed extracts from several Supreme Court Judgements dating back to 1974.”

Admitting the petition, the Court has directed that the copies of the petition and papers to be forwarded to the office and that a rejoinder be filed within four weeks by the State.

The matter has now been listed after Six weeks.

(Case Title: K.S.Gurumoorthy And Another. Vs. The Chief Secretary To Government And 3 Others.)