Supreme Court Asks Petitioners Challenging Hindu Religious Endowments Acts Of TN, AP & Telangana To Approach HCs

The Supreme Court recently(April 1) disposed of petitions challenging the validity of the laws relating to Hindu Religious and Charitable Endowments of the States of Tamil Nadu, Andhra Pradesh and Telangana by asking the petitioners to approach the respective High Courts.

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Courts would be in a better position to understand the dimensions of the State laws.

"We find that a more effective manner of ventilating the grievances by the petitioners herein is to assail the provisions of the respective Acts before the respective jurisdictional High Courts so as to enable the High Courts to better appreciate the dimensions of challenge of the provisions of the respective Acts," observed the bench reserving the right of the petitioners to approach the High Courts.

"If such writ petitions are filed by the petitioners herein before the respective High Courts, the same could be considered having regard to the various dimensions of the provisions in light of the socio-economic, cultural and religious aspects of the matter which are all in essence historical aspects of the matter including the judicial verdicts of the Courts," the Court added.

The Court also observed that the High Courts are also free to constitute an Expert Committee so as to have assistance of the recommendations said Committee for the purpose of deciding the cases, if they so think fit

Some of the petitions have been pending since 2012.

The petitioners contended that the laws allowed for State interference in the management and control of Hindu religious institutions and thereby violated the fundamental rights under Articles 25 and 26 of the Constitution. The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the Telangana Hindu Religious and Charitable Endowments Act, 1987, the Puducherry Hindu Religious and Charitable Endowments Act were under challenge. Certain petitioners also challenged the Government's appointment of Executive Officers of certain major temples in Tamil Nadu.

Case : Sh.Dayanand Saraswati Swamiji (Dead) and others vs The State of Tamil Nadu and others and connected matters

Citation : 2025 LiveLaw (SC) 413

Click here to read the order