R.R.Gopaljee Publisher, Dinamalar letter to Hrnc
From
R.R.Gopaljee
Publisher, Dinamalar
TVR House
No.57, Second Floor
Pantheon Road, Egmore
Chennai – 600 008
To
Principal Secretary/ Commissioner
Hindu Religious & Charitable Endowments Department
119, Uthamar Gandhi Salai
Nungambakkam, Chennai – 600 034
Email: commr.hrce@tn.gov.in
Chief Secretary
Government of Tamil Nadu
Secretariat, Chennai – 600 009
Email: cs@tn.gov.in
The Deputy Secretary & Treasurer
Chief Minister’s Public Relief Fund
Finance (CMPRF) Department
Government of Tamil Nadu
Secretariat, Chennai – 600 009
email: dspaycell.findpt@tn.gov.in
Special Officer
Chief Minister’s Special Cell
Secretariat, Chennai – 600 009
Email: cmcell@tn.gov.in
Sir/Madam,
Sub: Request for cancellation of Circular No. Na. Ka.18104/2020/G2 dated 22.04.2020 by Principal Secretary/Commissioner, HR & CE Department for contribution of Rs.10 Crores to Chief Minister’s Public Relief Fund
I, R.R.Gopaljee, son of Late Mr.R Raghavan, Publisher of Dinamalar would like to state as follows:
I became aware of the fact that the Principal Secretary/ Commissioner, HR & CE Department has issued a circular no. Na.Ka.18104/2020/G2 dated 22.04.2020 (‘said circular’)to Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of Hindu Religious and Charitable Endowments (HR & CE) Department, that a total sum of Rs.10 Crores have to be contributed from the surplus funds of 47 temples across the state to the Chief Minister’s Public Relief Fund. In the said circular it has been stated that a sum of Rs.35 Lakhs each from temples in Pazhani Murugan Temple, Tiruchendur Murugan Temple, Madurai, Tiruttani, Thiruverkadu, Tiruvannamalai, Srirangam, Samayapuram, Rameshwaram, Mylapore Kapaleeshwarar Temple and a sum of Rs.25 Lakhs from Bannari Amman Temple, Azhagarkovil, Marudamalai Temple, Triplicane Parthasarathy Temple, Vadapalani Murugan Temple, Mangadu Temple, Thiruparangundram, Sankarankoil, Swamy Malai Temple, Madurai Pandimuneeswarar Temple, a sum of Rs.15 Lakhs from the funds of Kancheepuram Devarajar Temple, Thiruvottriyur Thyagarajar Temple, Sholingar Lakshmi Narasimhar Temple, Melmalaiyanur Angalamman Temple have been instructed to be transferred to the Chief Minister’s Public Relief Fund.
As far as the temples in Tamil Nadu are concerned, apart from the mainstream employees of HR & CE, there are more than 10 different types of skilled and semi-skilled labour such as archakas, adyapakas, vedaparayanikas, othuvars flower vendors, musicians, sweepers, etc., for whom there is no monthly salary that has been fixed and even the remuneration that are paid to them are much less than the minimum wages fixed under The Minimum Wages Act, 1948. Further, when this pressing internal issue is yet to be addressed, giving away the surplus funds available with the temple is clear violation of fundamental right to life of these workmen who form an integral form of the temples. Initially, the Government of Tamil Nadu had made an announcement that Rs.1000/- (Rupees Thousand Only) would be paid for all those who depend on temples for their living, but till now no such payments have been made.
You are aware of the fact that the utilization of surplus funds of the temples are subject to Section 36 of The Hindu Religious and Charitable Endowments Act, 1959 (‘HR & CE Act’) stipulates that the trustees of a religious institution may appropriate any portion of the accumulated surplus funds of such institution for the purposes specified in Section 66 (1) of the HR & CE Act.
Further, Section 66 (1) of the HR & CE Act provides for the appropriation of funds to the following purposes alone and of no other:
a) The grant of aid to any other religious institution which is poor or in needy circumstances.
b) The grant of aid to any religious purpose connected with the Hindu religion.
c) The propagation of the religious tenets of the institution.
d) The recitation of Divya Prabhandham and Thevaram and the like.
e) The establishment and maintenance of schools for the training of archakas, adyapakas, vedaparayanikas and othuvars and for the study of Divya Prabandhams, Thevarams and the like including the study of Indian languages for that purpose.
f) The establishment and maintenance of a university or college or other institution in which the main features shall be the provision of the study of Hindu religion, philosophy or sastras or for imparting instruction in Hindu temple architecture.
g) The establishment and maintenance of educational institutions where instruction in the Hindu religion is also provided.
h) Promotion of fine arts and architecture.
i) The establishment and maintenance of orphanages for Hindu Children.
j) The establishment and maintenance of asylums for persons suffering from leprosy.
k) The establishment and maintenance of poor homes for destitute, helpless and physically disabled persons and
l) The establishment and maintenance of hospitals and dispensaries for the benefit of pilgrims.
Further, it has been contemplated in the provisos to Section 36 of the HR & CE Act that before according sanction under the said section, the Commissioner shall publish the particulars relating to the proposal of the trustee in such manner as may be prescribed, invite objections and suggestions with respect thereto and consider all objections and suggestions received from persons having interest.
The said circular that has been sent by the Principal Secretary/Commissioner HR & CE to the Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of HR & CE for the transfer of surplus funds of 47 temples amounting to Rs.10 Crores to the Chief Minister’s Public Relief Fund is illegal and in direct contravention of Section 36 and 66 of the HR & CE Act. Further, one has to be conscious of the fact that the money that has been deposited into these temples are collections made from the devotees with some pious belief and for the purpose of the temple, utilization of the same in any other manner would also breach the beliefs of so many devotees.
In addition to the above, due to the nationwide lockdown due the outbreak of COVID – 19 pandemic, the archakas, adyapakas, vedaparayanikas and othuvars who were dependent on the daily wages given at temples in Tamil Nadu have not been paid even for a single day in over 30 days since the lockdown across the country. Owing to the nature of their work, the surplus funds available with the above mentioned 47 temples would help the archakas, adyapakas, vedaparayanikas and othuvars associated with these temples to survive the lockdown. At this juncture, the priority of HR & CE department is to protect their employees, archakas, adyapakas, vedaparayanikas and othuvars working in the temple for whose benefit the surplus funds from these 47 temples ought to be utilized.
It is to be noted that the Principal Secretary/Commissioner HR & CE by issuing the said circular has only exceeded his powers and gone beyond the scope of the statute by giving direction to the temples to make contributions to Chief Minister’s Public Relief Funds. There is an emergent situation to protect the funds of the temples from being misused, as the surplus funds of these temples once transferred to Chief Minister’s Public Relief Funds would not be utlised for purposes for which it was intended. The said circular is a clear abuse of power taking advantage of the prevalent lockdown measures due to outbreak of COVID – 19.
Therefore, in these circumstances, I hereby request:
a) The Principal Secretary/ Commissioner HR & CE to cancel the said circular issued to Executive Officers, Assistant Commissioners, Deputy Commissioners and Joint Commissioners of HR & CE.
b) The Chief Secretary and The Deputy Secretary & Treasurer of Chief Minister’s Public Relief Fund to refund, to the said 47 temples, the total sum of Rs.10 Crores or any other sum received from the temples in view of the said circular.
c) The Principal Secretary/ Commissioner HR & CE to forthwith make appropriate arrangements for distributing funds to archakas, adyapakas, vedaparayanikas, othuvars, flower vendors, musicians, sweepers, etc. of these 47 temples, who have been without any income for more than 30 days, from the surplus funds of the respective temples.
Thanking you
R.R.GOPALJEE
![Include petner name in the electrole list mhc order full order of. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2022 CORAM : THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.1678 of 2022 Mr.E.Sukumar …Petitioner Vs. 1.The Commissioner Salem Corporation Salem. 2.The Booth Level Officer Suramangalam Salem. 3.The Executive Officer Sasanaickenpatty Panchayat Dasanaickenpatty. 4.The Booth Level Officer Dasanaickenpatty. …Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus, Directing the 1st respondent to include petitioner’s name in the 1st respondents’ electoral roll pursuant to the recommendation of the 4th respondent and the acceptance of the 2nd respondent. For Petitioner : Mr.A.R.L.Sundaresan [Senior Counsel] For Respondents : Mrs.K.Bhuvaneswari (Standing Counsel for Salem Corporation) [R1] O R D E R Writ of Mandamus has been instituted to direct the 1st respondent to include the name of the petitioner in the first respondent’s electoral roll pursuant to the recommendations of the 4th respondent and the acceptance of the 2nd respondent. 2. The petitioner states that he is residing at No.6/171/D1, Rajapuram, Salem, 636201. Earlier the petitioner was residing at No.20, SreeSowdambika Nagar, Dasanacikenpatty, Salem 636201. After shifting of his residence in the present address, the petitioner has been continuously residing. The earlier residential address of the petitioner falls under Veerapandi Assembly constituency and the present address falls under Salem West Assembly constituency. The election identity card no. of the petitioner is BDW1306521 and the Serial No. of his electoral roll is 744 in the third respondent’s electoral roll. 3. After shifting of the residence from Dasanacikenpatty to Rajapuram, the petitioner approached the respondents during January 2021 to delete his name from the electoral rolls of Dasanacikenpatty and to add his name in the Salem Corporation electoral roll. Due to the pandemic situation, the transfer could not be effected. Thus, the petitioner casted his vote in the 2021 constituency vote from Dasanacikenpatty. 4. The petitioner submitted an application on 25.06.2021 to the Booth Level Officer namely respondents 2 and 4 to delete his name from the electoral roll of the 3rd respondent and include his name in the electoral roll of the 1st respondent. The Booth Level Officer, the 2nd and 4th respondent, who are appointed under Section 13B(2) of the Representation of the People Act, are competent to effect changes based on the applications submitted by the petitioner. Accordingly, the application was recommended for deletion of the name of the petitioner from the electoral roll of the 3rd respondent and for inclusion in the 1st respondent’s electoral roll. 5. Now, the elections for Salem Corporation is announced. In view of the facts that the application submitted by the petitioner has not been considered, he is not in a position to exercise his franchise in Salem Corporation wherein he resides. The learned Senior Counsel appearing on behalf of the petitioner mainly contended that the petitioner submitted an application on 25.06.2021 and the application ought to have been considered by the competent authorities within a reasonable period of time. Despite, the effort taken by the petitioner, the application was kept in cold storage and no order has been passed. The Authorities have failed in their duty to consider the application submitted for transfer. Thus, the right of the petitioner has been violated. 6. This Court is of the considered opinion that the electoral roll must be prepared before elections. All applications submitted for inclusion, deletion and transfer must be considered before the last date notified. In the event of any failure on the part of the Authorities, the same should not result denial of exercise of the right of a voter, wherein he ordinarily resides. 7. In the present case, even during January 2021, the petitioner approached the Authorities for deletion of his name and for inclusion of his name in Salem Corporation. An appropriate application in Form 7 was also submitted on 25.06.2021 and the acknowledgment is also enclosed by the petitioner in the typed set of papers filed along with the writ petition. While so, the inaction of the authorities competent should not affect the Fundamental Right of a citizen to cast his vote within his territorial jurisdiction where the voter resides. The non-consideration of the application filed by the petitioner wold result denial of an opportunity even to contest in the elections. Thus, the infringement of Right in this regard is in violation of Fundamental Rights ensured under Part-III of the Constitution of India and therefore, the non-consideration of the application submitted by the writ petitioner within a reasonable period of time is a clear lapse, negligence and dereliction of duty on the part of the Authorities who are responsible to finalise the applications within the final date notified. 8. The learned Standing Counsel appearing on behalf of the Salem Corporation made an objection by stating that the last date is 20.01.2022. However, the learned counsel for the respondents is unable to defend the ground raised by the petitioner that his application is yet to be considered by the competent authorities. This being the factum, the petitioner is entitled for the relief. Accordingly, the 1st respondent is directed to include the name of the petitioner in the electoral roll pursuant to the recommendation of the 4th respondent. If the petitioner is otherwise eligible and his application is in accordance with the procedures as contemplated. The decision in this regard is directed to be taken and inclusion also is to be made, if the petitioner is otherwise eligible, within a period of 24 hours from the date of receipt of a copy of this order. The learned Standing Counsel is directed to inform this order immediately to the Commissioner, Salem Corporation before 6.00 p.m. today i.e. 31.01.2022. With these directions the writ petition stands disposed of. No costs. 31.01.2022 shr/ska Internet : Yes/No Index : Yes/No Speaking/Non-Speaking Order Note: Registry is directed to issue order copy today i.e. 31.01.2022. To 1.The Commissioner Salem Corporation Salem. 2.The Booth Level Officer Suramangalam Salem. 3.The Executive Officer Sasanaickenpatty Panchayat Dasanaickenpatty. 4.The Booth Level Officer Dasanaickenpatty. S.M. SUBRAMANIAM, J. shr/ska W.P.No.1678 of 2022 31.01.2022 senior arl sundaresan](https://www.sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)
