The Maasani Amman Temple is a famous Hindu temple located in Aanamalai near Pollachi in Coimbatore district. The presiding deity is a 17 feet idol of Goddess Maasani Amman. Thousands of devotees from across the state visit this famous temple and so the temple sees a lot of revenue coming into the Hundi.
According to a Dinamalar report, around ₹100 crore rupees paid as offerings by devotees to this temple has been deposited in the bank. The Hindu Religious & Charitable Endowments (HR&CE) department has reportedly decided to take around ₹14 crores from this amount to build a resort near Subramaniya Swami Temple in Kandal near Ooty. It has been decided to demolish the old residences there and build new ones.
The trustees of Maasani Amman Temple have opposed the HR&CE department’s decision to use temple funds for constructing a resort. With their term nearing its end, devotees allege that the department is appointing its own officials who are not resisting the project.
They further claim that the resort plan is being pushed by a businessman with ties to the DMK, who is orchestrating changes in temple management to facilitate the project. This has sparked outrage among devotees, who warn that the move could damage the DMK’s reputation in the region. In protest, they have written to the Tamil Nadu Governor and Chief Minister, urging them to intervene and halt the resort’s construction using temple funds.
The Hindu Munnani has raised concerns over the DMK government’s plans to divert temple funds from the Arulmigu Maasani Amman Temple in Pollachi towards building a resort in Ooty. Citing the Madras High Court’s directive that temple funds should be used exclusively for temple development and not for extravagant government expenditures, the organization has warned against any misuse.
In a post on its official X account, the Hindu Munnani questioned, “A resort in Ooty with temple money….???Is the Dravidian model DMK government planning to squeeze the 100 crore deposit money of the Pollachi Maasani Amman temple? The Dravidian model DMK government and the Hindu Religious and Endowments Department, which have repeatedly ruled that the temple money should be spent on the temple itself, should understand that the only aim of the people is to loot the temple money..!! A resort with Masani Amman temple money.”
கோவில் பணத்தில் ஊட்டியில் உல்லாச விடுதியா….???
பொள்ளாச்சி மாசாணியம்மன் கோவில் 100 கோடி டெபாசிட் பணத்தை அமுக்க திராவிட மாடல் திமுக அரசு திட்டம்?
கோவிலின் பணம் கோவிலுக்கே செலவு செய்ய வேண்டுமென நீதிமன்றம் பலமுறை குட்டு வைத்தும், திருந்தாத திராவிட மாடல் திமுக அரசும், இந்து சமய… pic.twitter.com/B5JN4pkemU
— Hindu Munnani (@hindumunnani_tn) March 9, 2025
What Did Madras High Court Said?
On 9 January 2025, a two-judge bench of the Madras High Court ruled that surplus funds from revenue-generating temples cannot be used for constructing shopping complexes, reinforcing that temple funds should be utilized strictly for religious and charitable purposes.
The case originated when a Tamil Nadu resident, P. Bhaskar, came across a tender notice in the New Indian Express on 11 December 2023. The notice indicated that the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Department planned to build a commercial shopping complex on land belonging to the Arulmigu Nandeeswarar Shivan Temple, utilizing its surplus funds.
Concerned about the legality of this move, Bhaskar filed a Public Interest Litigation (PIL) in the Madras High Court, challenging the HR&CE Department’s decision. He argued that the temple, which falls under the jurisdiction of the Tamil Nadu government, was being operated without trustees and was effectively under the sole authority of the Joint Commissioner. Furthermore, he contended that under the Tamil Nadu HR&CE Act of 1959, surplus funds of temples must be utilized in specific ways as outlined in the legislation.
Legal Provisions On Temple Fund Usage
The Tamil Nadu HR&CE Act of 1959 clearly specifies in Sections 36, 36-A, and 36-B that temple surplus funds can only be used for religious and charitable activities such as conducting Hindu marriages and feeding the poor. Additionally, Section 66 provides guidelines for managing temple endowments (donations), restricting their use to purposes including:
- Providing financial aid to underprivileged religious institutions
- Supporting activities related to Hindu religious teachings
- Promoting the recitation of sacred Hindu texts such as Divya Prabandham and Thevaram
- Establishing schools to train Hindu priests
- Creating universities dedicated to Hindu religious studies
- Running educational institutions that include Hindu religious instruction
None of these provisions permit the construction of commercial properties such as shopping complexes.
Despite these restrictions, the HR&CE Department attempted to justify its plan by claiming that rental income from the complex would contribute to temple development. The department further assured that only Hindu vendors would be allowed to lease shops and that the complex would exclusively sell puja items, utensils, and vegetarian food.
High Court’s Judgment
The case was presided over by Chief Justice Kalpathi Rajendran Shriram and Justice Senthilkumar Ramamoorthy. The court observed that the Arulmigu Nandeeswarar Shivan Temple had no appointed trustees and questioned whether its surplus funds had been allocated according to Section 66 of the HR&CE Act. The judges emphasized that temple funds should be used for propagating religious values and maintaining Hindu traditions.
The ruling stated, “Constructing a shopping complex using temple funds does not serve the religious objectives outlined in the HR&CE Act. Such an endeavor fails to contribute to the propagation of Hindu tenets and, therefore, is not permissible.”
Additionally, the judges criticized the HR&CE Department for failing to conduct a feasibility study before proceeding with the project. They questioned the financial rationale behind the decision, stating:
“For instance, if ₹1 crore is spent on constructing the shopping complex, the projected return on investment has not been analyzed. A fixed deposit of the same amount would yield an annual return of approximately 7.25%. There is no evidence to suggest that the proposed project would generate returns exceeding this amount.”
The court also pointed out the potential risks associated with commercializing temple land, such as tenant disputes, rent recovery issues, and encroachment concerns. Consequently, it ruled that temple surplus funds must strictly be used for purposes defined in Sections 36-A, 36-B, and 66 of the HR&CE Act.
As a result, the court struck down the HR&CE Department’s plan to construct a shopping complex and recommended alternative uses for the existing temple land, such as planting native trees, hosting weddings for underprivileged Hindus, and establishing shelters to provide free meals.
Government Control Over Temples in Tamil Nadu
Unlike in most parts of India, where temples are managed by independent trusts or religious institutions, Hindu temples in Tamil Nadu are overseen by the state government through the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act of 1959. This legislation was originally intended to ensure the efficient administration of temples and religious endowments.
Currently, the Tamil Nadu government controls:
- 36,635 temples
- 45 mutts
- 68 temples associated with mutts
- 189 charitable endowments
- 1,721 specific endowments
- 17 Jain temples
The HR&CE Department appoints key temple administrators, including the Commissioner, Joint Commissioner, and Assistant Commissioner. It also manages temple assets and finances under the pretext of ensuring sustainable development. Additionally, the government imposes levies of 1.5% to 4% on temple income for audit purposes.
Another controversial aspect of the HR&CE Act is its provision allowing the government to appoint priests (archakas), overriding traditional Hindu practices where specific communities manage temple rituals.
Under government control, Tamil Nadu has witnessed the decline of several historic religious institutions. Notably, 11 mutts have ceased to function in recent years, reducing the total number of operational Hindu mutts in the state from 56 to 45.
Conclusion
With its recent ruling, the Madras High Court reaffirmed that temple funds must not be diverted for commercial projects. The judgment serves as a reminder that government-controlled religious institutions must adhere to legal provisions governing fund utilization. By striking down the HR&CE Department’s plan, the court has reinforced the principle that temple resources should remain dedicated to religious and charitable causes.
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