Court Upholds Amendment to Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959; Directs Government to Take Over Temple Administration Amid Mismanagement Allegations
In a landmark judgment dated April 2, 2026, the Division Bench of the Madras High Court (Madurai Bench) decisively ruled against the claims of hereditary poosariship and trusteeship in the Arulmighu Pandi Muneeswarar Temple at Melamadai, Madurai. The Court upheld the constitutional validity of the amendment to Section 55(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter “the Act”), which abolished hereditary succession to poosari and trustee offices in notified public temples, thereby dismissing petitions filed by legal heirs of erstwhile poosaris seeking continuation of their hereditary rights.
The dispute arose from competing claims by descendants of the founders of the temple, particularly the families of Bothal Poosari and Mahamuni Poosari, who asserted hereditary rights to perform poojas and receive hundi and plate collections. Historically, the temple was declared an exempted temple in 1935, administered by hereditary trustees. However, allegations of grave mismanagement, including siphoning off of temple funds amounting to crores of rupees annually and multiple litigations among rival claimants, led the Hindu Religious and Charitable Endowments (HR&CE) Department to intervene.
The appellants argued that they held hereditary trusteeship under Section 54(1) of the Act and claimed rights to poosariship and associated income. However, the Court found no formal or valid appointment orders under Section 54(1) recognizing them as hereditary trustees. It also rejected the reliance on a Will dated 1985 and earlier judicial orders which were personal to other parties and did not confer enforceable rights to the current claimants.
The Court emphasized the statutory amendment in Section 55(2) of the Act, which explicitly prohibits entitlement to any office merely by hereditary succession. The constitutional validity of this provision was affirmed by the Supreme Court, thereby negating any claims based on hereditary rights. Further, the Court held that the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 1964 (Rule 1964), which fix the superannuation age of poosaris at 60 years, apply to the temple servants, including poosaris, who are deemed employees of the temple under HR&CE control. The claimants who had crossed the age limit were thus disqualified from continuing in poosariship.
The judgment highlighted the vast increase in temple income over the decades, with annual hundi and plate collections now exceeding crores of rupees, contrasting sharply with the meager income at the time of earlier orders that granted poosaris a 50% share of hundi collections as remuneration. The Court underscored that such orders were context-specific and not to be treated as perpetual entitlements. It further noted the absence of any welfare activities by the claimants and the rampant litigations and personal gains sought by the rival parties.
Given the persistent mismanagement and litigations, the Court directed the HR&CE Department to take necessary steps to regulate the temple administration and finances. It suggested that the Government take over the temple under its absolute control after following due process, ensuring the temple’s resources are safeguarded for public benefit. The Court also recommended designating a single judicial forum to handle all related disputes to avoid multiplicity of proceedings and conflicting orders.
The appeals filed by the claimants were dismissed with directions to the HR&CE authorities to act in accordance with law, confirming that hereditary poosariship and trusteeship rights no longer survive under the current statutory regime. The Court’s ruling reinforces the principle that religious offices in public temples are subject to regulation, accountability, and secular service conditions, preventing misuse of faith and temple resources for personal enrichment.
Bottom line:-
Hereditary poosariship and trusteeship in a notified public temple is abolished by amendment to Section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, and no person is entitled to claim hereditary poosari rights or to continue beyond the age of superannuation fixed under the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 1964.
Statutory provision(s):
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Sections 54(1), 55(2), 55(4); Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 1964 Rule 5
