Telangana HC protects temple autonomy, challenges govt’s endowment powers
Telangana High Court issued notice on a plea challenging the constitutional validity of the Telangana Hindu Religious and Charitable Endowments Act 1987. While issuing notice on August 13, the High Court granted an unconditional status quo order, granting the priests of the temple interim control over the administration of the Machileswarnath Temple.
The petition was filed on behalf of the priests of the Machileswarnath Temple of Lord Veerabhadra Swamy and Lord Shiva, situated in Gandipet. It is perhaps the first time in its history that the Telangana High Court has unconditionally stayed the government takeover of a temple in the State. According to legal experts, more than 12,000 temples are affected by the Act of 1987, permitting the government to take over.
Previously, the Petitioners had filed a Writ Petition 148 of 2024 in the Supreme Court, wherein the Supreme Court was pleased to issue notice and grant an order directing status quo. On April 1, 2025, the Supreme Court took up all the matters before it, challenging the endowment legislation of various states, and relegated all the cases back to the respective high courts. Thereafter, the petitioner priests, through their advocate, Vishesh Kanodia, moved the Telangana High Court and obtained the historic order.
“Order of Assistant Commissioner of Endowments dated 29.12.2023 is to appoint Executive Officer for the temple, which in effect takes over the entire administration of the temple. This was the main reason to go to court, and also to challenge the provisions of the Endowments Act,” said the advocates of the priests.
“Article 25 of the Constitution protects the right of all persons in the country to freely profess, practice, and propagate their religion. In pursuance of these rights, all persons are free to set up and administer institutions of their choice for religious and charitable purposes; and such institutions are liable only to be regulated by the government, but they are not liable to controlled so as to oust the management by such persons all together,” said the priests, pointing out the 2014 landmark judgment of Supreme Court in Subramanian Swamy Vs State of Tamil Nadu.
The priests of Machileswarnath Temple argued that the taking of Hindu temples and appointing government-controlled trustees to administer Hindu temples are arbitrary and unconstitutional acts of the government, and this will affect the fundamental rights of believers. “Government is even empowered to sell temple lands for agriculture, and to apply surplus funds of the temples for building hospitals, roads, orphanages, etc, which are purposes unconnected with religious activities,” argued the priests, challenging the government’s power to take over and control temples.
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