GLIMPSE OF A LATEST VERDICT* *W.P.(MD) 11313/2021* K. Suresh Vs. Secretary to Government Dated: 09.07.2021 *Hon’ble Justices T.S. Sivagnanam & S. Ananthi* disposed of the Writ Petition while making certain observations in

[7/23, 10:06] Sekarreporter: *GLIMPSE OF A LATEST VERDICT*

*W.P.(MD) 11313/2021*
K. Suresh Vs. Secretary to Government
Dated: 09.07.2021

*Hon’ble Justices T.S. Sivagnanam & S. Ananthi* disposed of the Writ Petition while making certain observations in the matter relating to *“HR&CE – Lack of funds in temples to conduct rituals as per Aagamas”* and further observed that:

i) Insofar as the maintenance of the temple is concerned, it is undoubtedly the duty of the HR & CE Department, to maintain the temple and preserve the heritage value of the temple.

ii) The Authorities’ unmindful of the heritage value of temples had licensed and leased out temple property to traders to sell articles that are unrelated to the temple. Further, the lessees of the temple are one of the main persons, who are to be blamed for the temples being left without sufficient funds. Therefore, the HR & CE Department alone is not to be blamed, but there are several persons to be blamed for such a sorry state of affairs among the temples.

iii) The relief sought for by the Petitioner which is seeking a Writ of mandamus directing the Respondents to restore the rituals as per the agammas is a civil right then the petitioner’s remedy lies elsewhere and not by way of writ petition. Further, ritual is now being performed by another Mutt and poojaris attached to the said Mutt, and the Petitioner being a 3rd party cannot canvass the case.

iv) However, the Hon’ble Court observed that the Petitioner, as a public-spirited person and a worshipper of the temple, may approach the proper authority under the HR&CE Act, by way of an appropriate application and seek appropriate relief. For the reasons above, the Hon’ble Court disposed of the Writ Petition without issuing any Writ.
[7/23, 10:06] Sekarreporter: 💐

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