On August 19, the Madras High Court struck down five government orders that sought to use temple funds for constructing marriage halls. The orders, issued between 2023 and 2025, covered temples including the famed Arulmigu Dhandayuthapani Swami Devasthanam at Palani.
The division bench of Justice S.M. Subramaniam and Justice G. Arul Murugan ruled that temple money, jewellery, and land are sacred trusts given by devotees. They cannot be diverted to government-driven commercial projects.
The court emphasised that marriage, while a sacred bond, does not automatically qualify as a religious purpose under the Hindu Religious and Charitable Endowments (HR&CE) Act, 1959. Since the proposed halls were meant to be rented out, they amounted to business activity, not charity.
Government’s Defence Rejected
Tamil Nadu’s HR&CE Minister had announced plans for 27 such halls at an estimated cost of ₹80 crore from temple surpluses. The state argued that marriage is a Hindu sacrament, and halls would help devotees at lower costs.
The court dismissed this claim, noting that surplus temple funds have specific uses under law: temple maintenance, festivals, feeding the poor, and aiding needy devotees. Running halls for rent were outside this framework.
Further, projects were planned even 100 km away from the temples, providing funds. This, the court said, violated both statutory approvals and the rights of devotees.
A Landmark Judgement
Calling the diversion of funds “illegal and unconstitutional,” the bench cancelled all orders and held officials personally accountable for losses. It cited past rulings, including a 2025 Supreme Court judgment prohibiting temple money for shopping complexes.
The court reminded that the 1960 Surplus Funds Rules—requiring transparency, objections, and strict limits—had been ignored.
Civilizational Significance
This verdict goes beyond legal technicalities. It reaffirms a principle central to Hindu society: temple wealth belongs to Dharma, not the State.
For decades, Tamil Nadu’s HR&CE Department has controlled temples, often using their resources for purposes unrelated to worship or devotee welfare. Devotees have long argued that this system is a continuation of colonial structures, treating temples as state assets.
The High Court has now drawn a red line: marriage halls, shopping complexes, and commercial ventures cannot be justified as “religious purposes.”
The Larger Battle
This judgment will echo far beyond Tamil Nadu. It strengthens the call for freeing temples from government control. If state authorities continue to treat temples as revenue streams, we must increasingly intervene to protect the rights of devotees.
The issue is not about one marriage hall project. It is about who temples belong to, devotees or governments. The High Court has answered firmly: they belong to the devotees, and their wealth must be used only for Dharma.
