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1 - 7 of 7 (0.21 seconds)Article 25 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
T.V. Mahalinga Iyer vs State Of Madras And Anr. on 6 August, 1980
12.The learned counsel for the writ petitioner then raised a
technical plea. He pointed out that admittedly, the temple in question
came under the administrative control of the HR & CE Department only
in the year 2007. The replacement of the earlier idol was done much
earlier. He, therefore, questioned the invocation of Rule 52 to hold the
replacement of the earlier idol as illegal. This contention is without
merit. Section 1(3) of the Tamil Nadu HR & CE Act, 1959 makes it clear
that the Act applies to all Hindu public religious institutions and
endowments including the Incorporated Devaswoms and Unincorporated
Devaswoms. The Hon'ble Supreme Court in the decisions reported in
(1992) 3 SCC 14 (Jammi Raja Rao Vs. Sri Anjaneya Swami Temple)
and (1981) 1 SCC 445 ( T.V.Mahalinga Iyer Vs. State of Madras) had
held that as far as Tamil Nadu is concerned there is initial presumption
that a temple is a public one. It is admitted that the subject temple is a
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W.P(MD)No.29524 of 2025
public temple. Section 4 of the Act enable the government to exempt any
religious institution or endowment from the operation of any of the
provisions of the Act. If a religious institution is a public one and there
is no exemption notification under Section 4, the resultant position is that
the Act and the Rules framed thereunder apply to an institution even
though the department might not have formally intervened in its affairs.
The department might have entered the scene for the first time only in the
year 2007 by appointing a fit person for the temple. That does not mean
that the temple was exempt from the operation of the Act earlier. I,
therefore, hold that Rule 52 governed the field when the original idol was
replaced.
Arumuga Nainar Saiva Marabinar vs The Commissioner on 31 January, 2022
A learned Judge of this Court vide order dated 31.10.2022 in
W.P.(MD)No.591 of 2022 (Arumuga Nainar Saiva Marabin Vs. The
Commissioner) had held as follows:-
Shari Malaprabha Coop. Sugar Factor vs Union Of India on 13 October, 1993
13.The Hon'ble Supreme Court in Shri Malaprabha Coop. Sugar
Factory Ltd. Vs. Union of India (1994) 1 SCC 648 quoted the following
passage occurring in judicial remedies in public law by Clive Lewis:
Jayrajbhai Jayantibhai Patel vs Anilbhai Jayantibhai Patel And Ors on 11 September, 2006
6.There is, however, considerable force in the contention of the
petitioner's counsel that the impugned decision is based on irrelevant
material. The resolution of SLEC reads that the installation of the earlier
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W.P(MD)No.29524 of 2025
idol stood permitted as per archeological report. An archeological report
can testify the antiquity of the idol. Whether an idol should be installed
in the sanctum sanctorum is a matter that has to be decided only by the
agamic experts or persons well-versed in theology. The Hon'ble Supreme
Court in the decision reported in (2006) 8 SCC 200 (Jayrajbhai
Jayantibhai Patel v. Anilbhai Nathubhai Patel) held that an
administrative decision or action which is based on wholly irrelevant
considerations or material; or excludes from consideration the relevant
material may be struck down. Thus, any administrative decision should
be taken in the light of relevant materials. It cannot rest entirely on
irrelevant material. In other words, an irrelevant material cannot form
the sole foundation for an administrative decision.
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