Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Thursday, October 27, 2011
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 — Section 6(13) and Section 6(20) — The fact that there are some idols installed in a Math and members of the public offer worship to such idol will not make it a place of public religious worship, that is, a temple, if the other ingredients of a math exist or if it is established to be a premises belonging to a math and used by the math for its purposes — If the property in its origin was a math property, it cannot be treated as a temple merely because the math had installed idols and permitted worship by the members of the community and the premises is used for rendering charitable and religious services — The Division Bench, the instant case, has proceeded on the erroneous impression that existence of an idol in a math property, when worshipped by the members of the community, would convert the math property into a temple.

 
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 — Section 6(13) and Section 6(20) — Where the evidence shows that the disputed property retained the identity as a Math and where Gurupoojas (functions celebrating/important days associated with the founder or head of the math) are performed regularly, it will not lose the characteristic of a Math and become a temple, merely because idols have been installed and members of a section of Hindu community offer worship.

 
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 — Section 6(20) — Expression “place of public religious worship” — Mere installation and consecration of idols in a place will not make it a place of public religious worship.

 
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 — Section 6(20) — Term “temple” — There are two necessary ingredients for a structure or place to be described as a temple under the Act. First is its use as a place of public religious worship — Second is dedication of the structure or place to, or for the benefit of, or use as of right by, the Hindu community or a section thereof, as a place of public religious worship — The mere fact that members of the public are allowed to worship at a place, will not make it a public temple — The Hindu sentiments and the tenets of Hinduism do not normally exclude worshippers from a place of worship, even when it is private or part of a Math. Therefore, the crucial test is not whether the members of the public are permitted to worship, but whether the worship by the members of the public is as of right by the Hindu community or any section thereof, or whether a place has been dedicated a place of public religious worship.

 
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