SEKAR REPORTER

Court News from Madras High Court

Madurai bench order notice to gov in temple website case

by ·

 

IN THE MADURAI BENCH OF HIGH COURT OF MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.(MD) NO.           OF 2022

  1. AR Subramanian,

S/o Arunachalam,

3/3452-1, Ram Nagar, 1st Street,Ramanathapuram,

Tamil Nadu 623 503.                             …Petitioner

-Vs-

  1. The Commissioner,

Hindu Religious and Charitable Endowments Department,

Uthamar Gandhi Road,

Nungambakkam,

Chennai – 600034. & 4 others.             …Respondents.

 

 

 

 

AFFIDAVIT FILED BY A.R. SUBRAMANIAN

 

 

M.KARTHIKEYAN (MS 354/2004)

S.N. PARTHASARATHI (MS 3652/2012)

  1. SATHIYANATHAN (MS 2576/2012)
  2. GIRISSH (MS 2294/2018)

COUNSEL FOR PETITIONER

 

 

 

 

 

 

 

IN THE MADURAI BENCH OF HIGH COURT OF MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.(MD) NO.           OF 2022

AR Subramanian,

S/o Arunachalam,

3/3452-1,

Ram Nagar, 1st Street,

Ramanathapuram,

Tamil Nadu 623 503.

…Petitioner -Vs-

  1. The Commissioner,

Hindu Religious and Charitable Endowments Department,

Uthamar Gandhi Road,

Nungambakkam,

Chennai – 600034.

 

  1. The Assistant Commissioner/Executive Officer(HR&CE), Arulmighu Meenakshi Sundareswarar Temple, Madurai -625 001.

 

  1. The Assistant Commissioner/Executive Officer(HR&CE),

Arulmighu Subramaniya Swamy Temple, Payaniyar Maligai Salai, Tiruchendur, Tuticorin- 628 215.

 

  1. The Assistant Commissioner/Executive Officer (HR&CE), Arulmighu Aranganathaswamy Temple, Srirangam, Tiruchirapallai 620 006.

 

  1. The Joint Commissioner (HR&CE),

315 Secretary Office, North Giri Street,

Palani, Dindigul 624 601.

…Respondents. AFFIDAVIT FILED BY A.R. SUBRAMANIAN

I, A.R.Subramanian S/o Arunachalam, 3/3452-1, Ram Nagar, 1st Street, Ramanathapuram, Tamil Nadu 623 503, do hereby solemnly affirm and sincerely state as follows:

  1. I am the Petitioner herein and I am well acquainted with the facts and circumstances of the case.
  2. I humbly submit that, the present writ petition being filed as Public Interest Litigation under Article 226 of the Constitution of India praying for Writ. I have not filed any similar Writ Petition before any other High Court Madurai bench pertaining to the same subject matter. I am filing this Writ Petition only in the larger interest of public.

To my knowledge and belief there is no similar Writ Petition pending before this Hon’ble Court. I have no personal interest in filing this present Writ Petition and utilizing my own funds. I am not an income tax assesse and my PAN No. BKGPS6500L. I undertake that I will pay costs, if any, if it is found to be intended for personal gain or oblique motive.

  1. I humbly submit that, the present Writ Petition is filed seeking a prayer to issue a WRIT OF MANDAMUS directing the 1st Respondent to consider my representation dt. 19.08.2022, 30.09.2022 and consequently direct the Respondents to take action against the bogus illegal websites which have been opened in the name of the temples/deities under the control of HR&CE Department and Mutts and take necessary criminal action against the owners/admins of these websites and take steps to recover the money collected by them from the devotees illegally in the name of the temple.
  2. I humbly submit that, I am an ardent devotee of Lord Shiva and I visit all temples across the state of Tamil Nadu. I periodically undertake pilgrimages throughout the country. Hence, I am a person having interest in the affairs and welfare of the temple.
  3. I humbly submit that, during my journey I have come across that the temples are being maintained and administered by the HR&CE Department along with trustees/fit persons. The donations, pooja tickets are issued by the Department and receipts are also issued for the same. The donations can also be made in the hundial kept inside the temple premises for that purpose. The donations are being made by devotees for various purposes. The donations are given by devotees with their prayers for things to happen or for good blessings that had happened. Hence, the donations not just carry monetary value but also carries the belief, faith and prayers. Therefore, utmost importance and reverence needs to be given to the donations given by the devotees.
  4. I humbly submit that, there are numerous foreign donors who are contributing and donating huge sums to the temples. Throughout history there were never any steps taken for propagation of Hinduism to other continents. It was so because Hinduism was never seen as a religion but as a way of life. Hence, there were never any attempts to compel others to follow Hinduism. Only in recent times, the Wests interest on Hinduism and its philosophy grew, thanks to introduction of yoga, Ayurveda etc. which though not directly connected with Hinduism, paved way for ingress of 1000s of years old Hindu culture and heritage to the West. Now there are various seats in Universities across the globe for studying Hinduism. Moreover, even a common person is aware of depth and antiquity of Hinduism. Temples in Tamil Nadu such as Thiruvannamalai, Chidambaram etc. attract thousands of foreign visitors. They are in awe to learn about the history and myth behind these temples dedicated to Lord Shiva. These famed temples receive thousands of dollars from foreign countries as donation and contribution, however, the same are not being received directly by the temple.
  5. I humbly submit that, the donations can be paid in the hundials which is kept in the temple or can be given separately for which receipts will be issued by the temple authorities.
  6. I humbly submit that, as far as accounting of hundials is concerned separate Rule has been enacted called as “The Installation, Safeguarding and Accounting of

Hundials Rules, 1975” which provides procedure for opening and installation and accounting of the monies contained in the hundials.

  1. I humbly submit that, with regard to the other donations being made all the donations, tickets for archanai/pooja etc. goes directly into the account of the temple. These accounts are periodically audited and report is submitted to the concerned authority. Separate Chapters are provided in the HR&CE Act for Budgets, Accounts, and Audit (Chapter – VIII), Finance (Chapter – IX).
  2. I humbly submit that, this shows that there is a clear and established procedure for accounting the donations which is being received by the temples. The devotees can be assured that their donations are accounted for and is not used for anything other than for the interest and benefit of the temple and its deity.
  3. I humbly submit that, there have been number of instances where third parties have collected funds in name of the deity/temple and actions have been taken against them. Such improper actions are periodically thwarted by the HR&CE Department by giving complaints against these persons. Nobody has any right to collect in name of the deity/temple. Only the appropriate representative i.e. Trustee or fit person or the Executive Officer etc. can collect the donations. And they are also made accountable and responsible for the accounts that are to be maintained.
  4. I humbly submit that, development of technology has led to the imprint of the deities/temples in the digital space. Technology has brought the devotees closer by helping them book tickets online especially for very popular temples such as Tirumala, Sabarimala etc. It has led to regulation and crowd management. The devotees too are benefitted by finishing their darshan on time without much hassles. Such websites too exist for temples in Tamil Nadu wherein the devotees can login and book tickets for darshan, archanai and also make donations.
  5. I humbly submit that, in recent times the Tamil Nadu HR&CE Department has also embraced the technology has is now providing various technology enabled solutions for making donations and purchase of archanai tickets etc. At present almost all major temples have been given dedicated websites. Further, QR codes are also provided in the temple for enabling the devotees to make payment conveniently for purchase of archanai tickets, abishekam etc. The Department is also taking steps to provide online facilities for making payment offerings to temples and have asked the ‘NIC’ to develop software for each temple. This will enable devotees across the globe to make donations to their favoured temples at a click of a button.
  6. I humbly submit that, however, this technological advancement has a dark side. It is seen that numerous websites have been created by various third parties in the name of the temples and are seeking donations from the devotees/public. These websites claim to do various services, poojas etc. in the name of the deity/temple without any validity. These websites have no right to make such claims. They have not been authorized by anyone to collect funds/donations etc. in the name of the temple.
  7. I humbly submit that, there are some third party sites which just provide information regarding the temple, the history, pooja timings, how to reach etc. they do not claim

to collect any donation. Though these are not per se invalid, this can lead to collection of funds in name of the temple.

  1. I humbly submit that, only with the approval of the HR&CE Department/Mutts and the Trustees of the temple can the websites be opened and contributions can be collected from the public. Otherwise, these created websites have no validity and cannot be led to mislead the devotees.
  2. I humbly submit that, in the present case, these third party sites created and claim to represent the temple/deity and are collecting funds and contributions from the devotees across the globe. This is illegal, improper and invalid. These websites have been created for the sole purpose of misleading and swindling the gullible devotees. This has become a new form of digital crime. It is not know where these donations go and who is benefitted by these donations. The devotees are led to believe that they are donating for the deity/temple however, in reality these funds are diverted, stolen by these persons running these websites.
  3. I humbly submit that, apart from the temples, there are other famous Mutts situated in the State. These Mutts have under their control numerous temples. Some of the

oldest and famous Mutts in Tamil Nadu are Dharmapuram Adheenam, Thiruvaduthurai Adheenam, and Madurai Adheenam etc. The following are the details of illegal and bogus websites opened in name of temples under the control of the Mutts,

BOGUS WESBITES CONTACT DETAILS
https://thirukadaiyurtemple.online/index.html TRV RAMALINGAM GURUKKAL,

948983214/

8681927427/
  9500995665
https://thirukadaiyurtemple.in/about/ 8608728499
https://www.thirukadaiyurmarriagetemple.com/ 9442726101
https://thirukadaiyurtemples.in/ 9486374267 /

8270336125
http://www.thirukkadaiyurpooja.com/ 9433056301 / 9443076301

 

  1. I humbly submit that, these third party sites claim to have link with the temple, but no explanation is provided. And it does not explain how the donations/contributions are to be used. These websites also do not provide how much contribution have they received and how they have used the same etc. These websites are opaque and give account details to send contribution. No receipts are being issued too. Such opening and running of websites is illegal and invalid.
  2. I humbly submit that, as per Sec.23 of the HR&CE Act, it is the duty of the 1st Respondent for general superintendence and control and ensure that the temples are properly administered and their income is appropriated for the purposes for which they were founded or exist. Hence, it is the duty of the Respondents to take necessary action against these illegal websites and shut them down immediately.
  3. I humbly submit that, the presence of such illegal websites in the digital space is creating great confusion among the devotees who are led to the illegal sites and are cheated off their hard earned money. Moreover, the donations/contributions are made by the devotees for specific purpose with prayer and if the devotees learn that their donations/contributions has not gone to the deity but has been enjoyed by some unscrupulous elements, it will cause heartbreak and misery. As stated it is

not just the monetary value of the donations made, it is the belief, faith and prayers behind the donations which is being tarnished by these illegal websites. This cannot be let to continue. The devotees cannot be let be cheated by these unscrupulous elements.

  1. I humbly submit that, it is imperative that the HR&CE Department take immediate steps to shut down all the illegal websites that have been opened in the name of the deities/temples under the control and administration of the HR&CE Department.
  2. I humbly submit that, the following are the list of such illegal websites which have been opened in name of some of the famous temples in the State.
    1. SRI RANGANATHAR SWAMY THIRUKKOIL, (SRIRANGAM), TIRUCHY:
BOGUS WEBSITE    CONTACT DETAILS
http://srirangam.com/     –
http://www.srirangam.ramanujartemples.net/     Some unknown created and given details of JC/EO as contact person
https://www.srirangam.co.in/srirangam_temple_timin   Agent around temple have created the website
  gs.php  

 

  1. BRIHADEESWARA TEMPLE, THANJAVUR:
BOGUS WEBSITE  CONTACT DETAILS
https://www.bogaafoundation.org/brihadeeshwara–temple/ Contact form is given; and address is Madhura Towers, 219-223, 19th street, Dr.Rajendra Prasad Road, Opp.Lakshmi Complex, gandhipuram Tamil Nadu 641012.
https://ignca.gov.in/thanjavur–brhadisvara–temple/ Admin details not provided

 

 

  1. DHANDAYUTHAPANI SWAMY THIRUKOIL, PALANI:
BOGUS WEBSITE CONTACT DETAILS
https://www.murugan.org/temples/palani.htm Contact details not given clearly
  1. ARULMIGHU MEENAKSHI SUNDARESWARAR TEMPLE, MADURAI:
  BOGUS WEBSITE  CONTACT DETAILS  
  https://www.maduraimeenakshi.org/annathanam.php

 

 Joint Commissioner /Executive Officer ,Madurai Meenakshi Amman Temple Madurai 625001

Contact no:91452234360

  
    5. ARULMIGU SUBRAMANIYA SWAMY TEMPLE,THIRUCHENDUR    
BOGUS WEBSITE  CONTACT DETAILS
https://templesofindia.org/temple–view/arulmigusubramaniya–swamy–temple–tiruchendur–tamil–nadu–tamilnadu–681htc

 

 Contact details not given.

Contact no 914639242221

Email: contact@templesofindia.org

 
     
  1. ARULMIGU ARANGANATHA SWAMY TEMPLE, SRIRANGAM
BOGUS WEBSITE  CONTACT DETAILS
https://srirangam.org/

 

 JOINT      COMMISSIONER     /      EXECUTIVE

OFFICER,

Sri Ranganathar Swamy Temple, Srirangam, Tiruchirappalli – 620 006. Tamil Nadu, India.

91 431 -2432246 Mail:

srirangam@tnhrce.com srirangamtemple@gmail.com

91 9486482246

 

 
       

 

 

  1. ARULMIGU PATTESWARAR TEMPLE, PERUR, COIMBATORE
BOGUS WEBSITE  CONTACT DETAILS
https://templesofindia.org/aboutUs

 

 contact@templesofindia.org

 

 

S.NO UNDER HR &CE CONTROL TEMPLES   THIRD PARTY SITES
1. Arulmigu Kulanthai Muthu

Kumara Swamy Temple,

Alwarpettai, Chennai

   •        https://nearmeplus.com/listings/item/4849

•        https://templesofindia.org/explore

 
3. Arulmigu Devi Thirumani

Amman Temple, Anna

Nagar, Chennai

          •     https://nearmeplus.com/listings/item/4851

 
5. Arulmigu Kapaleeswarar

Temple, Mylapore, Chennai – 600004

   •        https://iskcondwarka.org/sudama–sevadonation/index.php?gclid=Cj0KCQjwxveXBhDDARI sAI0Q0x20MsS_h1eqRHTFzJVZeHpYX4PvUSPM wByUZjAxxKVMg28H5fTByXIaAvoCEALw_wcB

 

•        https://www.billdesk.com/hdfc/arulmigu_kapaleswer /hdfc_kapaleswer_donation.htm

 

•        https://www.kvb.co.in/utility–links/temple–donation/

 

•        https://www.tirumala.org/KAPILESWARA%20SWA MY%20TEMPLE.aspx

•        https://templesofindia.org/aboutUs

•        https://www.saranam.com/cms/3/About–Us.htm

 
9. Parthasarathy Temple • https://epuja.co.in/
    • https://templesofindia.org/aboutUs
    • https://www.billdesk.com/hdfc/arulmigu/hdfc_arulmigu_don ation.htm
    • https://www.hdfcbank.com/personal/pay/donations/donateto–religious–offerings
10 Sri Vadapalani Andavar Temple • https://www.billdesk.com/hdfc/arulmigu_vadapal/hdfc_vada pal_donation.htm
    • https://www.kvb.co.in/utility–links/temple–donation/

 

 

  1. I humbly submit that, such bogus illegal websites have been opened up for temples across the state. The HR&CE Department should take immediate action of shut down/close these websites and take action against the owner/admins of such websites and recover the money which they have collected by cheating the devotees in the name of the deities/temples.
  2. I humbly submit that, I have sent a detailed representation dt.19.8.2022 and 30.09.2022 to the 1st Respondent to take necessary action to close/shut down these illegal websites. However, till date no action has been taken by the Respondents.
  3. I humbly state that, the inaction by the Respondents has caused grave mental agony and stress to the Petitioner and the same is against the interest of the temple. It is imperative the Respondents have acted on the representation of the Petitioner and taken necessary action to protect the temple. However, no action has been taken. Hence, the Petitioner has no other efficacious remedy than approaching this

Hon’ble High Court under Article 226 of Constitution of India.

  1. It is humbly submitted that, the Respondents have not considered my

Representation. Therefore, I am before this Hon’ble Court seeking to consider my representations dated 19.08.2022 and 30.09.2022 direct the Respondent to shut down/close the bogus illegal websites which have been opened in the name of the temples/deities under the control of HR&CE Department and take necessary criminal action against the owners/admins of these websites and take steps to recover the money collected by them from the devotees illegally in the name of the temple.

  1. It is humbly submitted that, this is the first Writ Petition I have filed before this Hon’ble Court on this subject and there are no other petitions pending before any Court seeking for the same relief.
  2. It is humbly submitted that, I have no other speedy, efficacious, adequate, alternate remedy except invoking the Special Original Jurisdiction under Article 226 of the Constitution of India.

It is therefore prayed that the Hon’ble Court may be pleased to issue WRIT OF MANDAMUS, Writ, Order or Direction in the nature of WRIT OF MANDAMUS and directing the 1st Respondent to consider my representation dt. 19.08.2022, 30.09.2022 and consequently direct the Respondent to take action against the bogus illegal websites which have been opened in the name of the temples/deities under the control of HR&CE Department and Mutts and take necessary criminal action against the owners/admins of these websites and take steps to recover the money collected by them from the devotees illegally in the name of the temple and pass such further or other Orders as deem fit and proper in the circumstances of the case and thus render

justice.

 

Solemnly affirmed at                                                                                                                             Before Me

On this the    day of October, 2022    

And signed his name in my presence                                                                                                             Advocate

You may also like...