Many anomalies in the setting up of Kolathur Arts and Science College using Kapali funds
Sections in the HR & CE Act of 1959 have been bypassed, Several unlawful exemptions granted that could pose a serious threat - TR Ramesh, President, Temple Worshippers Society
On July 31, this section had featured a story on the large scale demolition that was being planned in the Agraharam around the Kapaleeswarar Temple in Mylapore (https://prtraveller.blogspot.com/2021/07/kapali-temple-surrounds-large-scale.html). A fortnight later, this section had also featured the suggestions from long time ASI expert Satyamurthi. Subsequent to that, the plans had been put on hold with the HR & CE re working the plans to see how to keep the historical structures intact (https://prtraveller.blogspot.com/2021/08/kapali-temple-heritage-zone-asi.html).
Last month, this section had featured a story on the dilapidated temple in Ayyur and the plight of the priest who had not received his monthly salary of Rs. 100 for the last four years (https://prtraveller.blogspot.com/2021/10/pinna-vaasal-sowri-rajan-bhattar.html).
A College in Kolathur funded by Kapali Temple
Now this fortnight the Kapaleeswarar temple and the HR &CE are again in the news and once again for the wrong reasons. The Government has recently announced the setting up of a self financing college with the surplus funds from the Kapaleeswarar Temple. Over the last fortnight or so, the writer found a large sized banner stationed prominently inside the Kapali temple, one that called for applications from students for the various courses.
The HR & CE Act on the use of Surplus Funds
While Section 36 of the HR & CE Act specifies the use of the surplus funds of a temple, Section 66(1) mentions the dharmic purposes for which the funds can be utilized. As per the Section, the Joint Commissioner may direct the endowments of the temple to be used for the establishment and maintenance of a university or college in which special provision is made for the study of Hindu religion, philosophy or sastras or for imparting instruction in Hindu temple architecture.
The act states that, “before according the sanction under this section, the Commissioner shall publish the particulars relating to the proposal of the trustee, invite objections and suggestions with respect thereto and consider all objections and suggestions received from persons having interest.”
President of the Temple Worshippers Society TR Ramesh (https://prtraveller.blogspot.com/2018/02/tr-ramesh-temple-activist.html) says that the surplus temple funds can only be used for educational purposes involving the teaching of Vedas, Thevaram Verses, Divya Prabhandham and the like and not for courses like BCA, B.Com, BBA that do not have any religious content. Even so, only the Trustees of the temple can start an educational institution and not the Government using the temple funds.
Many Anomalies and Violations
There are many anomalies in this process. The Kapali Temple does not have a land in Kolathur, there have been exemptions given in this case like for example Fire Service exemption for structural stability on the premise that this is being built on temple land.
Ramesh says that the Trustee of the Kapali Temple should have applied to the HR & CE Commissioner regarding the interest/ proposal to start a college, an advertisement in a leading newspaper should have been released asking for objections from the public and only then could they have applied to the University for the affiliation. Even so an application made before October will only be eligible for affiliation for the next academic year “This entire process is being done at break neck speed” Ramesh wonders why.
There are also other educational institutions that the TN Government is in the process of setting up using funds from other HR & CE temples including in Thiruchengode (Namakkal), Thoppampatti (Dindigul) and Vilathikulam ( Tuticorin).
Ramesh says he is likely to file a case in the Madras High Court on Monday restraining the setting up of the college.