It is well known that the Tamil Nadu Hindu Religious & Charitable Endowments which has taken over thousands of ancient temples in Tamil Nadu and mismanages its funds, property and gifts them away for non-religious purposes which in gross violation of the Act itself under which government singularly takes over Hindu temples while leaving alone mosques and churches to be managed by the respective communities.

Activist TR Ramesh who founded the Temple Worshippers Society with like minded people to take up the issues of mismanagement and swindling of temple funds and property by the government through its appointees under the HR&CE Act by filing many petitions in the Tamil Nadu High Court. He has also successfully sought external audit of temple boards set up under the HR&CE Act by the government to run the numerous ancient temples.

Today TR Ramesh, the President of the Temple Worshippers Society along with the organisation’s Vice-Prsident, Uma Anandanan filed a complaint to the Commissioner of HR&CE, Dr. S. Prabhakar IAS, against government illegally misappropriating 29.07 Crores from Hindu Temples’ Common Good Fund.

Notably, Uma Anandan herself is a well known activist in her own right in Tamil Nadu famous for raising her voice against the illegal conversions of Hindus by the Christian evangelist mafia and bravely counters the DMK, DK lies against Hindu practices and Hinduism unperturbed of the goonda elements unleashed on anyone who counters their lies and hatred against Hinduism with logic.

https://twitter.com/trramesh/status/1356494031144947713?s=20

In the letter TR Ramesh stated that as a staunch Hindu and a worshipper of Hindu temples in Tamil Nadu, he is interested in the welfare of Hindu Temples and Hindu Religious Charities of Tamil Nadu. The letter raised objections against the proposal to appropriate/ usurp a total of Rs.29,07,00,000/- from the Hindu Religious and Charitable Endowments Common Good Fund.

The letter pointed out that there was no Fund called the Commissioner’s Common Good Fund as stated in the notice as it is actually “Hindu Religious and Charitable Endowments Common Good Fund”.  The letter called out the Commissioner’s fraud for calling it a Commissioner’s Common Good Fund as a unethical strategy aimed to mislead Hindus.

The letter also stated that since 2011 no trustees have been appointed to more than 19,000 Hindu Temples, as mandatorily required under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (referred to as the “1959 Act” in this objection letter). In all these temples only the servants of the Hindu Religious and Charitable Endowments Department (HR & CE Department) are fraudulently appointed/deployed as “Fit Persons” from the year 2011.

The letter said Fit Persons can be appointed only for an interim period that occurs between the end of the term of a duly constituted Board of Trustees and the forming of the next such Board of Trustees filled with deserving Hindus having the necessary qualifications to be Trustees as mandated by Section 25-A of the 1959 Act.

When the very term of a duly constituted Board of Trustees is only two years, it is obvious that it is only by fraud and deceit that the HR & CE servants acting as Fit Persons are still on “interim period” since 2011.

The letter stated that Government/Public Servants cannot be appointed as “Fit Persons” as that would be fraud on the 1959 Act and a violation of the dictum of the Constitutional Benches of the Hon’ble Supreme Court of India clearly laid down in the Shirur Mutt Case (AIR 1954 SC 292) and in Ratilal Panachand Gandhi Case (AIR 1954 SC 388).

The letter further pointed out that the interim period for which a Fit Person can be appointed is proscribed to 90 days by the Functioning of Board of Trustees Rules framed under the TN HR & CE Act, 1959.

The letter stated that the GO orders in 2011 clearly spelled out that Fit Persons can carry out only essential and critical expenses like salaries, pooja and festival expenses and Annadhanam expenses.  Transfer of Temple Funds to Common Good Fund are beyond the powers of such Fit Persons appointed as an interim measure.

The letter stated that the amounts received as contributions at least since the year 2011 towards Common Good Fund from Hindu Temples have been only brazenly carried out illegal transfers and these moneys should be returned forthwith to the temples concerned with due interest.

The letter therefore, stated that the issuance of G.O. Ms. No. 169 Tourism, Culture and Religious Endowments Department dated 14.12.2020 cannot sanction any authority to the Commissioner to withdraw Rs.29.07 Crores from the Common Good Fund, where the funds lying are made up of illegal and forced contributions from Hindu Temples.

The issuance of said G.O. No. 169 seems to be a stratagem to clothe the illegal usurpation of funds with an appearance of lawfulness.

The letter requested the Commissioner to convey his decision in this regard after conducting an enquiry to enable TR Ramesh, Temple Worshippers’ Society to challenge the decision in an appropriate Court of Law if the decision is violative of the interests of Hindu Temples in Tamil Nadu and is in violation of Constitution of India and the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and/or the Rules framed thereunder.

It is hoped that the HR&CE stops swindling temple funds and temple property and constitutes temple trusts as mandated under the law consisting of Hindu devotees with respect and stature in society for the administration and maintenance of Hindu temples.

A secular democratic government has no business to run temples under the guise of alleged mal-administration by the original trustees. As even in cases of huge corporate frauds the Company Law Board does not endlessly take over the reigns of administration of the sick companies endlessly for several decades, it corrects the wrong, constitutes a new board of management and hands over the reins of the company to the newly constituted board.

 

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