Madras High Court
S.Suriya Kannan vs Arangavalar Kuzhu on 10 January, 2023
2023/MHC/278
W.P.No.648 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.648 of 2023
S.Suriya Kannan .. Petitioner
Vs.
1. Arangavalar Kuzhu
Shri Arulmigu Thandayudhapani Swami Temple
Palani, Tamil Nadu 642 601.
2. Joint Commissioner
Shri Arulmigu Thandayudhapani Swami Temple
Hindu Religious & Charitable Endowments
Palani
Tamil Nadu 642 601.
3. The Commissioner
State of Tamil Nadu
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Road
Chennai 600 034.
4. State of Tamil Nadu
Through the Principal Secretary of HR & CE Department
Secretariat, Fort St. George
Chennai 600 009. .. Respondents
Page 1 of 11
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W.P.No.648 of 2023
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of Certiorarified Mandamus calling for the
notification dated Nil passed by the first respondent in respect of
performing "Maha-kumbhabishegam" in Shri Arulmigu
Thandayudhapani Swami Temple, Palani and quash the same and
consequently, directing all the respondents to change the date of
Maha-kumbabishegam after "Thaipoosa Thiruvizha" which is on
06/02/2023.
For the Petitioner : Mr.S.Suriya Kannan
Party in Person
For the Respondents : Mr.R.Bharanidharan
Special Government Pleader
for Respondent-1
Mr.R.Shunmugasundaram
Advocate General
Assisted by
Mr.N.R.R.Arun Natarajan
Special Government Pleader
for Respondents 2 to 4
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed challenging the notification
issued by Arulmighu Thandayudhapani Swami Temple, Palani,
announcing the dates for yagna and Kumbabishegam.
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W.P.No.648 of 2023
2. According to the petitioner, Kumbabishegam of a temple has
to be done only as per the Agama Rules. But, the respondent
Department is planning to conduct Kumbabishegam of Shri Arulmigu
Thandayudhapani Swami Temple, Palani, on 27.01.2023, against the
Hindu Dharma, by not following the Agama Rules. As per Agama
Rules, after Kumbabishegam, mandala pooja has to be conducted for
48 days continuously. During the mandala pooja, no other festival can
be celebrated as it would interfere with the Kumbabishegam.
3. The festival of Thaipoosam falls on 05.02.2023. If it is not
celebrated in view of mandala pooja and Kumbabishegam, lakh of
devotees coming on pilgrimage to Palani Temple would be
disappointed and at the same time, if it is celebrated, mandala pooja
would be interrupted. In order to avoid it, the date of Kumbabishegam
has to be changed. Hence, the petitioner has come up with this writ
petition.
4. The petitioner, appearing in person, contended that during
the mandala pooja after Kumbabishegam, celebrating Thaipoosam
festival, would amount to violation of fundamental rights enshrined
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W.P.No.648 of 2023
under Articles 25 and 26 of the Constitution of India and also Agama
Rules. Therefore, the notification announcing the date of
Kumbabishegam is liable to be quashed.
5. The petitioner contended that celebration of Thaipoosam
festival in the middle of mandala pooja, after Kumbabishegam, is in
violation of Agama Rules. He has not produced any document or
written opinion from any expert or religious leader, in support of his
claim, though he stated that he got clarification from Erode Adheena
Thalamai Shivachariyar Shri Balaji Shivam to that effect.
6. The petitioner, in support of his contention, relied on Article
25 of the Constitution of India, which reads as under:
"25. Freedom of conscience and free profession, practice
and propagation of religion:
(1) Subject to public order, morality and health and to the
other provisions of this Part, all persons are equally entitled to
freedom of conscience and the right freely to profess, practise
and propagate religion.
(2) Nothing in this article shall affect the operation of any
existing law or prevent the State from making any law--
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W.P.No.648 of 2023
(a) regulating or restricting any economic, financial, political
or other secular activity which may be associated with
religious practice;
(b) providing for social welfare and reform or the throwing
open of Hindu religious institutions of a public character to
all classes and sections of Hindus.
Explanation I: The wearing and carrying of kirpans shall be
deemed to be included in the profession of the Sikh religion.
Explanation II: In sub clause (b) of clause (2), the reference
to Hindus shall be construed as including a reference to
persons professing the Sikh, Jaina or Buddhist religion, and
the reference to Hindu religious institutions shall be construed
accordingly."
7. A reading of the above would make it clear that the right to
freedom of practice and propagation of religion is no doubt
guaranteed by the Constitution of India to all persons. However, it is
subject to public order, morality and health, therefore, when all
citizens shall have the right to profess, practice and propagate
religion, it is not known as to how the petitioner can complain that
the rights guaranteed under Article 25 of the Constitution of India are
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W.P.No.648 of 2023
being violated by performing the Kumbabishegam of Arulmigu
Thandayudhapani Swami Temple, Palani and the Thaipoosam festival
during the mandala pooja. The petitioner has not substantiated his
claim with any fact or law.
8. Further, given the facts and circumstances of the case, it is
better to take note of the ancient fact that when Saints
Thirugnanasambandar and Thirunavukkarasar were professing and
propagating Saivam in Thirumaraikadu during 7th century,
Mangayarkkarasi, Queen of Nindraseer Nedumaran (Koon Pandiyan)
sent one of her Ministers Kulachiraiyar to invite Thirugnanasambandar
to Madurai to save Saivam from getting wiped out from Pandiyan
Kingdom. At the behest of the Queen, when Minister Kulachiraiyar
came to Thirumaraikadu and invited Thirugnanasambandar to come to
Madurai and save Saivam from the clutches of Samanars and Koon
Pandiyan from the disease, Saint Thirunavukkarasar advised Saint
Thirugnanasambandar not to undertake the journey to Madurai on any
inauspicious day, Saint Thirugnanasambandar, while replying to
Thirunavukkarasar, told him that for the devotees of Lord Siva, there
is no auspicious or inauspicious day and all the days 24/7 are
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W.P.No.648 of 2023
auspicious time only. Saying so, He recited the following pathigam:
"nta[W njhspg';fd; tplKz;l fz;ld;
kpfey;y tPizjltp
khrW jp';fs; f';if Konkyzpe;bjd;
csnk g[Fe;j mjdhy;
"hapW jp';fs; brt;tha; g[jd; tpahHd; bts;sp
rdp ghk;gpuz;L Klnd
MrW ey;;y ey;y mit ey;y ey;y
moahuth;f;F kpfnt/"
9. The meaning of the above recital shows that the nine planets
inclusive of Rahu and Kethu (two snakes) would only protect the
devotees of Lord Siva on all the days 24/7, instead of harming them,
and therefore, pilgrimage to be undertaken by such a blessed devotee
of Lord Shiva at any time will not create any obstacle. When this
being the clear and loud message from the Saint
Thirugnanasambandar stressing that there is no inauspicious time,
performing the Kumbabishegam of Arulmigu Thandayudhapani Swami
Temple, Palani and the Thaipoosam festival during the mandala pooja
cannot at all be considered as inauspicious.
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W.P.No.648 of 2023
10. This apart, it is also trite law that the Court cannot
ordinarily interfere with the day-to-day rituals of the temple. The
procedure of conducting rituals is in the exclusive domain of
Devasthanam and therefore, it cannot be a matter of adjudication by
any Court and these issues have to be looked into by the pandits or
the scholars or the advisors in accordance with the temple customs or
the established practice and procedure. These are not the issues for
which the Court possesses expertise. (See the judgment of Apex
Court in SLP(C) No.6554 of 2021 dated 16.11.2021 - Srivari Daadaa
v. Tirumala Tirupati Devasthanams).
11. Moreover, whether any ritual or sewa is being performed in
a prescribed way or whether there is any deviation from established
practice would raise disputed questions of fact, cannot be decided in a
writ petition under Article 226 of the Constitution of India, because
the procedure of conducting rituals is in the exclusive domain of the
Devasthanam and the same cannot be a matter of adjudication by any
Court unless it affects secular or civil rights of others and this issue
ought to be looked into only by the pandits or the scholars or the
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W.P.No.648 of 2023
advisors in accordance with the temple customs or the established
practice and procedure. While dealing with a similar issue, the Hon'ble
Apex Court in S.L.P.(C)No.6554 of 2021 dated 16.11.2021 - Srivari
Daadaa v. Tirumala Tirupati Devasthanams has held that these are all
the issues to be looked into by the pandits or the scholars or the
advisors in accordance with the temple customs or the established
practice and procedure. The Apex Court further held that if the Sevas,
Utsavams and Darshanams in the temple are not being done
according to the set principles, the petitioner will be at liberty to
approach the civil Court or the competent authority and prove his
claims with evidence. In the case on hand, the petitioner, without
doing so, cannot come to the writ Court.
12. For all the above reasons, we do not find any merit in the
writ petition challenging the notification issued by the respondent
Department announcing the dates for Yagna and Kumbabishegam.
Accordingly, the writ petition stands dismissed. Consequently, WMP
Nos.589 to 591 of 2023 are also dismissed. However, there will be no
order as to costs.
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W.P.No.648 of 2023
(T.R., ACJ.) (D.B.C., J.)
10.01.2023
Index : Yes
Neutral Citation : Yes
Issue copy on 25.01.2023
kpl
To
1. The Joint Commissioner
Shri Arulmigu Thandayudhapani Swami Temple
Hindu Religious and Charitable Endowments Department
Palani
Tamil Nadu 642 601.
2. The Commissioner
Hindu Religious and Charitable Endowments Department
119, Uthamar Gandhi Road
Chennai 600 034.
3. The Principal Secretary to Government
Hindu Religious and Charitable Endowments Department
Fort St. George
Chennai 600 009.
4. Arangavalar Kuzhu
Shri Arulmigu Thandayudhapani Swami Temple
Palani, Tamil Nadu 642 601.
https://www.mhc.tn.gov.in/judis
W.P.No.648 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY,J
(kpl)
W.P.No.648 of 2023
10.01.2023
https://www.mhc.tn.gov.in/judis
