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Madras HC Rules in Favour of State, Endorses Withdrawal of Exemption to Nanganallur Temple

Chennai, July 5, 2013: The Madras High Court on Thursday upheld a State government order withdrawing the exemption granted to the Anjaneya Temple in Nanganallur from the provisions of the Hindu Religious and Charitable Endowments (HR and CE) Act.

Dismissing a writ petition filed by the Maruthi Bhaktha Samajam Trust challenging the withdrawal of the exemption, Justice K.K.Sasidharan said, “Donations given by the devotees and the amount paid by them to do archanas were all diverted to the trust, which is not under the purview of the HR and CE Department. Since the petitioner has clearly admitted the diversion of funds from the temple to the trust, the government was fully justified in passing the impugned order.”

The Judge pointed out that the petitioner had clearly admitted that the temple was not maintaining accounts in respect of the income collected from worshippers and receipts were issued only by the trust.

The Maruthi Bhaktha Samajam Trust was formed by S. Ramani, M. Purushothaman and K.R.V. Srinivasa Rao for establishing a religious institution for propagating Hindu religious tenets and culture. The trust purchased property in its name and constructed the Adhivyathikara Bhakta Anjaneya Temple. In 1995, the government exempted the temple from the provisions of the HR and CE Act.

Last year, the State government issued a notice to the trust asking it show cause why the exemption should not be withdrawn in view certain irregularities in the temple administration. It also alleged that the trust collected donations in the name of the temple, but the entire income was appropriated by the trust, misusing the exemption. On March 19, the State government withdrew the exemption granted to the temple. The trust filed the present petition challenging the order. It contended that the exemption was given to the temple run by the trust, and, as such, there was nothing wrong in the trust utilising the temple funds.

Advocate General A.L. Somayaji submitted that the exemption was given only to the temple and not the trust.

Source: The Hindu, DT. July 5, 2013.

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