[Illegal mining at temple properties] Recover monetary loss, take action against officials: Madras High Court

The Madras High Court recently pulled up the authorities for large-scale mining and other illegalities taking place at temple properties in the Krishnagiri district [A Radhakrishnan v. Secretary to government & Ors]..Justice SM Subramaniam noted that after taking over temples, if there were illegalities happening, then the concerned departments have failed the objectives of the Hindu Religious and Charitable Endowments Act.“Undoubtedly, such large scale allegations and illegalities may not happen without the collusion of the Department Officials,” the single-judge observed."Unless stringent and stern actions are taken, it may not be possible to set right the illegalities and frauds occurred in the matter of dealing with temple properties, jewelleries, belongings etc,” the Court clarified while directing the initiation of appropriate civil and criminal action against the public officials..Officials not functioning in the interest of temples are to be identified and their work performance monitored. The Head of the Department is bound to initiate all appropriate actions, the Court ordered..The remarks came during the hearing of a petition filed by one A Radhakrishnan who brought to the Court’s attention the rampant illegal mining operations going on in the Krishnagiri district of Tamil Nadu.The Court noted that illegal mining operations worth more than ₹200 crore were taking place and that several acres of temple properties were being looted and fraudulent documents registered. Properties belonging to the temples were not being utilised for the benefit of the temples, it was highlighted.“Few great souls donated their hard earned property and money and jewelleries and other belongings for the welfare of the temples and to do service to the temples and to the devotees. When such great souls donated their valuable properties for a particular purpose, the Administers of the temples are duty bound to ensure that the properties donated are utilised for the purpose for which it is donated and in the event of non maintenance, the authorities competent are also liable and must be held responsible for their lapse, negligence and dereliction of duty.” Justice Subramaniam said in the order..The Court also noted that the State had taken over temple properties on account of large scale allegations against the trustees and administrators of these temples. However, there has been looting of the temple properties across the State of Tamil Nadu by greedy men, persons with muscle power and even politicians, the Court noted."After taking over the temples, the Government cannot allow any such illegalities by any person. In the event of allowing such illegalities to happen in a larger scale, then the Department had failed in its objective under the provisions of the Act and therefore, a change in policy decision may be required. In this context, fixing personal liability on the officials are of paramount importance," the order stated..Apart from affixing liability on the concerned officials, the Court also called for recovery of financial losses as a result of the illegalities."The allegations raised by the petitioner with documents and evidences are serious in nature. Large scale allegations are shocking to the conscience of this Court. Thus, those illegalities and frauds must be brought down and stopped forthwith by initiating all necessary actions. It is not sufficient if the properties are recovered, the financial losses already caused to the temple are also to be recovered by following the procedures as contemplated.".Amongst other directions to take swift action against the wrongdoers, the Court issued a direction to the District Collector of Krishnagiri to conduct a review meeting in the presence of all concerned officials to check the progress made towards probing the illegalities and fraudulent activities..Special Government Pleader T Chandrasekaran appeared for the HR & CE Department.Additional Government Pleader V Manoharan appeared for the revenue and land administration departments.Advocate S Sithirai Anandan appeared for the executive officers and administrators of the temples..[Read order]