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3.2. The grievance of the petitioner is that there are instances where third parties are collecting funds through fake and illegal websites by opening accounts in the name of deities /temples across the State, for providing various services, pooja, etc., to the devotees. The so-called third parties are not authorised to collect the funds for and on behalf of the temples. The amount in any form to the temples has to be received/collected only by the authorised and appropriate officer, such as Trustee, Fit Person or the Executive Officer of the temples and it cannot be permitted to be received by third parties for any reason. Even though technology has assisted the temple administration to a great extent to offer various services at the click of a button, it has it's own grey area as it is misused by third parties for unlawful gain. By using the name of the temples, the third parties created fake and unauthorised websites, which look similar to the one opened by the temples. Such fake websites have mushroomed and proliferated in the cyber space and if it is permitted to continue, it will not only result in huge financial loss to the temples, but also amount to cheating the public under the garb of faith. Apart from the temples coming under the HR&CE https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 Department, some illegal and bogus websites have been opened in the name of the temples under the control of the Mutts. The petitioner in paragraph Nos.18 and 23 of the affidavit filed in support of the writ petition bearing no.23671 of 2022 has also furnished the details of the bogus websites, such as, https://thirukadaiyurtemple.online/index.html, https://thirukadaiyurtemple.in / about/, https://www.thirukadaiyurmarriagetemple.com/, http://srirangam.com/, http://www.srirangam.ramanujartemples.net/, etc. and the contact numbers of the persons relating to such websites. According to the petitioner, such persons, who had opened fake websites, claim to have link with the officers and archakars of the temples and to have rendered all the services, poojas, etc., to the devotees and they generate huge money illegally, but pay only a paltry sum to the temples.
4.5. The petitioner further stated that in the same website “trvramalingam.in”, it is mentioned that the so-called Sri Markandeya Temple was established and looked after by Dr.T.R. Viswanatha Gurukkal and his son, T.R.V.Ramalinga Gurukkal. It was further claimed that Mr. Ramalinga Gurukkal is the Chief Priest of Thirukadaiyur temple. In the website, it is also mentioned that all the poojas performed in Thirukadaiyur Temple, are being done in Sri Markandeya Temple. Thus, it is sought to be projected that poojas and religious https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 activities performed in Thirukadaiyur Temple can also be performed in Sri Markandeya Temple to get the divine grace of the deity. That apart, it is claimed in the said website that "Those who have come with, wish to get the blessings of Lord Amirthakadeshwarar and Lordess Abhirami for their prosperous life at Thirukadaiyur must also visit this Markandeyar's temple for a full prosperous life and for the welfare of their family". This, according to the petitioner, is a false propaganda unleashed by fake website owners to flock the devotees to Sri Markandeya Temple and to sway them under the guise of performing various religious acts. The intention behind setting up Sri Markandeya Temple by the priests / gurukkals/ archakars of Thirukadaiyur Temple is to distort history, undermine the importance of Thirukadaiyur Temple, divert the devotees to the new temple and get donations from them. Therefore, the petitioner would state that the priests of the Thirukadaiyur Temple need to be restrained from making any false propaganda about Sri Markandeya Temple. Further, the misrepresentation projected in the bogus websites, has to be removed and that, civil and criminal actions have to be taken against the gurukkals / archakars who associate themselves with the promoters of fake websites. The petitioner has brought the same to the notice of the respondent authorities for appropriate action. He has also made representations, lastly on 14.09.2022 to the respondents seeking to shut down/close the bogus websites opened in the name of Sri https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 Thirukadaiyur Amirthakadeshwarar Temple and recover the money collected from the devotees, besides taking action against the priests / gurukkals / archakars of the temple, who illegally demand money for conduct of poojas/ceremonies and illegally spreading false information about Sri Markandeya Temple. However, all his attempts including the representation dated 14.09.2022 ended in vain. Therefore, this writ petition, viz., WP(MD) No. 23410 of 2022.
5.1. The learned counsel appearing for the petitioner in both these writ petitions, in unison, submitted that the fake websites created in the name of the deities / temples have to be removed / closed and the proceeds generated thereunder have to be recovered by the first respondent, by virtue of the power conferred under section 23 of the HR&CE Act. According to the learned counsel, the purity and sanctity have to be maintained in the temples and that, the poojas, archanais, abhishekams and other rituals performed in the temples should not be exploited and commercially exposed for private gain by the third parties. It is further submitted that the fake websites have been created to sway the devotees for a long time. However the department did not take any action thereof. Rather, the unauthorised creators of the websites have been allowed to https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 enrich themselves at the costs of the temple administration. Pointing out the same, the petitioners made representations and requested the respondent authorities to take appropriate action, but the same have not been considered till date.
9. We have heard the learned counsel appearing for all the parties and also perused the materials available on record, including the photographs depicting the websites created by third parties in the name (s) of various temple (s) and also services offered therein.
10. Both these writ petitions have been filed complaining that some third parties, who are in no way connected with the administration of the temples, have created spurious websites depicting the same as official websites and are collecting money from the devotees for offering various services / religious activities in the temples without knowledge of the temple administration. The petitioners' grievance is that by doing so, the third parties garner huge money, but what they pay to the temples, is a pittance. Thus, through such unauthorised and fake websites, the impersonator interferes with the administration of the temples indirectly, thereby causing huge loss to the revenue of the temples across the State. In order to buttress the same, the petitioners have furnished the particulars of bogus websites, phone numbers of contact persons relating to such websites, probable income generated by providing services, such as, accommodation, catering, darshan, poojas/ceremonies in the temples, etc. at a hefty price, in the form of typed set of papers. It is also stated by the petitioners https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 that the persons, who create such unauthorised and fake websites would definitely have a link with the archakars and officers of the temples, without whose assistance, they cannot render any service to the customers. He also submitted that some of the archakars, who have not been authorized by the administration, are entering the temple to perform poojas. Therefore, the petitioners in unison prayed for appropriate direction to the respondent authorities to close all the unauthorised and fake websites of third parties created in the name of the temple(s) across the State, so that the entire religious activities such as pooja, abhishegam, religious ceremonies etc., must be offered, controlled and administered only by the administration of the temple(s) concerned and to recover the proceeds received thereunder. In WP(MD) No.23410 of 2022, the petitioner specifically pleaded that the Priests / Gurukkals / Archakars of Arulmighu Amirthakadeswarar Temple have swayed the devotees visiting the Amirthakadeswarar temple to also visit Sri Markandeya temple by misrepresenting the history of the same. Though the petitioners made representations to the respondent authorities to take appropriate action against those illegal and fake websites run by the third parties in the name of the temple(s) / deities, nothing moved. Hence, the present public interest litigations.