Madras High Court
G.Sakthivel vs The Commissioner on 23 January, 2020
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.Nos.34681, 35436 & 35819 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 20.01.2020
Pronounced on : 23.01.2020
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.Nos.34681, 35436 & 35819 of 2019
and
W.M.P.Nos.35898, 36265 & 36715 of 2019
and
W.P.No.542 of 2020
and
W.M.P.No.637 of 2019
1.G.Sakthivel .. Petitioner in W.P.No.34681 of 2019
2.M.C.Prakasam .. Petitioner in W.P.No.35436 of 2019
3.M.P.Balasubramaniam .. Petitioner in W.P.No.35819 of 2019
4.S.N.Velusamy .. Petitioner in W.P.No.542 of 2020
..Vs..
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Jail Road, Coimbatore.
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3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Tiruppur.
4.The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Sivanmalai, Kangeyam Taluk,
Tiruppur District.
5.The Executive Officer,
Arulmigu Selvakumara Swamy,
Anthanuramman and Kuppaianna Swamy Thirukoil,
Muthur,
Tiruppur District.
.. 1 to 5 Respondents in W.P.Nos.34681 & 35436 of 2019
1.The Government of Tamilnadu,
Represented by Additional Chief Secretary,
Tourism, Culture and Religious Endowments Department,
secretariat, Chennai.
2.The Commissioner,
Hindu and Religious and Endowment Board,
Chennai – 34.
3.The Joint Commissioner,
Hindu and Religious and Endowment Board,
Coimbatore – 18.
4.The Executive Officer
Hindu and Religious and Endowment Board,
Muthur Arulmigu Athanuramman, Kuppaianna Swami
Thirukovil and Arulmigu Selvakumara Swami Thirukovil,
Chinnamuthur, Tiruppur District.
Chennai – 34.
.. Respondents in W.P.No.35819 of 2019
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1. The Secretary
Government of Tamilnadu,
Hindu Religious and Endowment Board,
Fort St. George,
Chennai – 600 009.
2. The Commissioner,
Hindu Religious and Endowment Board,
Chennai – 600034.
3. M.C.Prakasam
.. Respondents in W.P.No.542 of 2020
Prayer in W.P.No.34681 of 2019: Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, directing the respondents to fix the date for
conducting car festival on the date of Sivarathiri for the temples
Arulmigu Selvakumara Swamy, Athanuramman and Kuppaianna
Swamy Thirukoil, Muthur, Tiruppur District.
Prayer in W.P.No.35436 of 2019 : Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, forbearing the respondents 2 to 5 herein from
passing any orders on the meeting dated 16.12.2019 changing
the date of Kumbabishekam from 05.02.2020 to any other date.
Prayer in W.P.No.35819 of 2019 : Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, directing the 1st and 2nd respondents to conduct the
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Kumbabhishekam on 29.04.2020 in respect of the temples
Arulmigu Selvakumara Swami Thirukovil, Sri Athanuramman
and Sri Kuppaianna Swami Thirukovil, Chinnamuthur, Muthur,
Tiruppur District as per petitioner's representations dated
13.11.2019, 09.12.2019 and 20.12.2019.
Prayer in W.P.No.542 of 2020 : Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, directing the 2nd respondents to fix a date for the
simultaneous Kumbabishekam of all the three temples namely,
1).Arulmigu Chellandiamman Kovil, Muthur, 2).Arulmigu
Selvakumara Swami Thirukovil, Chinnamuthur and 3).Sri
Athanuramman and Sri Kuppaianna Swami Thirukovil, Muthur,
Tiruppur District.
For Petitioners : Mr.A.R.L.Sundaresan,
Senior Counsel,
for C.Prakasam,
in W.P.No.34681 of 2019
: Mr.K.V.Babu
in W.P.No.35436 of 2019
: Mr.V.Raghavachari
for K.V.Muthuvisakan
in W.P.No.35819 of 2019
: Mrs.Hema Sampath,
Senior Counsel,
for R.Meenal.
in W.P.No.542 of 2020
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For respondents : Mr.M.Karthikeyan,
Spl.Govt.Pleader for HR & CE.,
in all WPs.
Mr.R.Govindasamy,
Spl.Govt.Pleader
in all WPs.
Mr.Ashokumar,
for Executive Officer in all WPs.
COMMON ORDER
All these Writ Petitions relate to the decision taken by the villagers of Muthur Village in Tiruppur District to perform the Kumbaabhisekham of Arulmigu Selvakumara Swamy, Arulmigu Athanooramman and Arulmigu Kuppaiannasamy Thirukovil. The temples are the family deity of five Kulathars of Vellala Gounders namely, Muthan, Manian, Cheran, Vellambar and Porulthantha Kulathar. The Arulmigu Athanooramman and Arulmigu Kuppaiannasamy temples are in Muthur Village and the Arulmigu Selvakumara Swamy temple is in Chinna Muthur Village. Quite apart from the named sects, the general public also worship the deities in the said temples. The Kumbaabhisekham of the temples have not been conducted for 5/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 the past 30 years. Consequently, with the intention to foster unity, harmony and bring about peace in the villages and among the villagers, a laudable decision was taken to perform the Kumbaabhisekham. Very unfortunately, instead of bringing about peace and tranquility, the decision have only created strife and divisions among the villagers. This is a very unfortunate situation and if anybody were to hang their head in shame, it must only be the villagers themselves who continue to quarrel giving priority to their own ego rather than discharging the noble object of performing Kumbaabhisekham in a peaceful manner.
2. The instant writ petitions are a glaring example of the ego men having priority over the sanctity of the deity and in ensuring by all means possible that the deity is put to torture and pain by their whimperings, ostensibly in the name of the deity with realizing that they are actually defaming the very deity which they claim to be their protector. 6/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
3. The writ petitioner in W.P.No.34681 of 2019, G.Sakthivel claims to be a worshiper of the temples and had filed the writ petition seeking a direction against the respondents particularly, the Executive Officer of the temples to conduct the Car festival on the date of the ensuing Shivarathiri.
4. The petitioner in W.P.No.35436 of 2019, M.C.Prakasam, who also claims to be a devotee has filed the said writ petition seeking the relief to forbear the respondents again particularly, the Executive Officer of the temple from changing the date of Kumbaabhisekham from 05.02.2020 to any other date.
5. The petitioner in W.P.No.35819 of 2019, M.P.Balasubramani, who also claims to be a worshiper and instantly also claims to be the President of Muthur Kaniyalargal Trust, the trustworthiship of which has been challenged in the course of hearing, seeks a direction to conduct the Kumbaabhisekham of the temples on 29.04.2020. 7/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
6. The petitioner in W.P.No.542 of 2020, S.N.Velusamy, who also claims to be a worshiper of the temple has filed the writ petition for a direction to fix a date for the performance of the Kumbaabhisekham of the temples.
7. The very reliefs sought by the petitioners, who are members of the same group of community in the same village reveal the unnecessary differences of opinion with each claiming that their own opinion has to be followed by everyone without realizing that such opinion is actually uncalled for, particularly, when the object is not satisfying their ego but performance of a holy function for the deity of the temples.
8. In the affidavit filed in support of the four writ petitions, very unfortunately, the writ petitioners appear not to even know the correct name of the deities of the temple. The correct names of the deities are Arulmigu Athanooramman and Arulmigu Kuppaiannasamy. These names have been variedly given and the writ petitioners may examine their own affidavits in this regard. 8/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
9. The temple for the deities of Arulmigu Athanooramman and Arulmigu Kuppaiannasamy situated at Muthur village, Kangeyam Taluk, Tiruppur District is a Hindu public temple coming under the purview of the Tamilnadu Hindu Religious and Charitable Endowment Act, 1959. The temple is published under Section 46(ii) of the Act. Similarly, the temple for the deity of Arulmigu Selvakumara Swamy situated at Chinnamuthur village, Kangeyam Taluk, Tiruppur District is also a Hindu public temple coming under the purview of the same Act and published under Section 46 (iii) of the Act. These temples are administered by the Executive Officer appointed under Section 45(i) of the Act. The Executive Officer is also functioning as the official fit person for the said temples. When the date for performance of the Kumbaabhisekham was sought to be fixed, two different opinions from the villagers came to be projected. The Executive Officer circulated a letter dated 24.11.2019 calling for a meeting to be conducted on 25.11.2019 in the office of the Joint Commissioner, HR & CE., Coimbatore to fix the date. Pursuant to the meeting, the Joint Commissioner sent a report on 30.11.2019 to the Commissioner, HR & CE. After perusing the 9/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 report, the Commissioner, HR & CE., by order dated 02.12.2019 had granted permission to conduct the Kumbaabhisekham on 05.02.2020. This decision has given arisen to the filing of the writ petitions.
10. The writ petitioner in W.P.No.34681 of 2019 has claimed that the date 05.02.2020 is not an appropriate date since, immediately thereafter, the Shivarathiri festival in the Tamil month of Maasi has to be celebrated and on that occasion, the Utsavar of the temple has to be taken in a procession and therefore, performing the Kumbaabhisekham on 05.02.2020 would obstruct the performance of the Shivarathiri festivals which is being conducted for nearly more than 100 years.
11. The writ petitioners in W.P.No.35819 of 2019 and W.P.No.542 of 2020 seeking to change the date from 05.02.2020 to 29.04.2020, on the ground that 29.04.2020 is more astrologically auspicious date and the writ petitioner in W.P.No.35819 of 2019 has stated that he had also given a suggestion that the Kumbaabhisekham must be conducted on 10/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 29.04.2020 and therefore, he had filed the writ petition for that relief. The writ petitioner in W.P.No.542 of 2020 in his affidavit had also stated that his elders had worshiped Arulmigu Chellandiamman temple and after propitiating her and obtaining permission by draw of flowers, and after conducting Kumbaabhisekham, the Kumbaabhisekham of the other two temples must be performed.
12. In effect, the writ petitioners probably would have been very satisfied, if the Kumbaabhisekham festival is not at all conducted. But the object of the Court is not that.
13. With the above background facts, arguments were advanced by Mr.A.R.L.Sundresan, learned Senior Counsel for Mr.C.Prakasam learned counsel for the writ petitioner in W.P.No.34681 of 2019, Mr.K.V.Babu, learned counsel for the writ petitioner in W.P.No.35436 of 2019, Mr.V.Raghavachari learned counsel for K.V.Muthuvisakan learned counsel for the writ petitioner in W.P.No.35819 of 2019, Mrs.Hema Sampath, learned Senior Counsel for Ms.R.Meenal, learned counsel for the 11/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 writ petitioner in W.P.No.542 of 2020, Mr.R.Govindasamy, learned Special Government Pleader and Mr.M.Karthikeyan, learned Special Government Pleader for HR & CE., Department and Mr.K.Ashok Kumar, learned counsel for the Executive Officer of the temples.
14. Mr.A.R.L.Sundaresan learned Senior Counsel stated that the object of the writ petitioner in W.P.No.34681 of 2019 was that the Shivarathiri festival should be conducted without any hindrance or break and by following the traditions as laid down for the past nearly 100 years. It was stated that on no account should the Authorities disclaim responsibility from conducting the Shivarathiri on the ground that the Kumbaabhisekham is to be performed and there should not be a break in the Mandala Abishekam of the deity, post performance of Kumbaabhisekham.
15. Mr.K.V.Babu, learned counsel for the writ petitioner in W.P.No.35436 of 2019 insisted that the Kumbaabhisekham must be performed only on 05.02.2020, on the date already fixed by 12/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 the HR & CE., and for which substantial arrangements are in progress.
16. Mr.V.Raghavachari, learned counsel for the writ petitioner in W.P.No.35819 of 2019 insisted that the Kumbaabhisekham should be postponed to 29.04.2020, not only on the ground that the said date is a more astrologically auspicious date but also on the ground that if the Kumbaabhisekham is performed on 05.02.2020, and the Shivarathiri festivals also have to be performed, then the Mandala Abisekham which should to be conducted for a period of 48 days has been projected by the Authorities to be conducted for a mere 12 days and this cannot be accepted under either the customary practice or under the rules for performance of Kumbaabhisekham.
17. Mrs.Hema Sampath, learned Senior Counsel for the writ petitioner in W.P.No.542 of 2020 stated that the date should actually have been fixed by drawing of flowers and after obtaining permission from the Arulmigu Chellandiamman goddess and therefore stated that the date for fixing of the 13/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 Kumbaabhisekham should be determined only after following the age old practice.
18. Mr.R.Govindasamy, learned Special Government Pleader, stated that the Government Officials will take the entire responsibility for performance of the Kumbaabhisekham to the satisfaction of all the villagers on 05.02.2020 and also assured that the Shivarathiri festival would also be conducted in the manner as has always to be conducted and there would certainly not be any deviation from the customary practice. The learned Special Government Pleader stated that substantial work has been done towards renovating the temple and towards the arrangement for the purpose of the Kumbaabhisekham and postponing the date from 05.02.2020 would not augur well for the villagers and for the temples in particular.
19. Mr.M.Karthikeyan, learned Special Government Pleader, HR & CE., Department stated that the Commissioner and the Joint Commissioner, HR & CE., have taken a considered decision to fix the date for Kumbaabhisekham on 05.02.2020 14/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 after consulting the religious experts and after a joint meeting held among the villagers. It was again reassured by the learned Special Government Pleader that the Car festival of the Shivarathiri would be conducted with all religious fervor and the devotees and the worshipers can pray and contribute their Kaanikai to the deity during the Car festival. It was very specifically stated that the practice followed all the years would be continued to be followed even for this year also.
20. Mr.K.Ashok Kumar, learned counsel for the Executive Officer of the temple stated that the temple Authorities have been undertaking the preliminary works for performance of the Kumbaabhisekham in a grand manner and also produced the photographs to authenticate the statement, that the preparations are under way for Kumbaabhisekham. The learned counsel assured that the Kumbaabhisekham will be done in the manner prescribed under the religious prescriptions. He stated that a decision has been taken to conduct the Mandala Abishekam for a period of 12 days and thereafter, the Shivarathiri Car festival would also be conducted in an appropriate manner. The learned 15/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 counsel stated that the date 05.02.2020 had been fixed by the community people after obtaining advice and guidance from religious experts. It was also pointed out by the learned counsel that on 05.02.2020, Kumbaabhisekham is to be performed in nearly about 35 temples all over Tamilnadu. The learned counsel therefore stated that the Kumbaabhisekham has to be performed and can be performed on 05.02.2020 and the Car festival can also be performed on the occasion of Shivarathiri.
21. I have carefully considered the arguments advanced and the materials placed on records.
22. The writ petitioners seek judicial intervention in the matter of performance of Kumbaabhisekham for Arulmigu Athanooramman and Arulmigu Kuppaiannasamy Swamy at Muthur village, Kangeyam Taluk, Tiruppur District and Arulmigu Selvakumara Swamy situated at Chinnamuthur village, Kangeyam Taluk, Tiruppur District.
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23. Kumbaabhisekham also known as Samprokshanam is a Hindu ritual which is believed to synergize and unite the mystic powers of the deity. It also homogenizes the sanctity of the deity. Kumbha means the Head and denotes the Shikhara or Crown of the Temple also commonly known as the Gopuram and abhisekham or prokshanam is ritual bathing. On the appointed day and at an auspicious time, the Kumbha is bathed with sanctified holy waters from a sacrificial pot and they trickle down a silver wire and enter the deity installed inside the sanctum sanctorum of the temple. The deity is believed to be transformed into a vibrant and vivid living representation of the god himself / goddess herself with all grace conferring divine blessing on the devotees.
24. The grounds for which the writ petitioners in W.P.Nos.34681, 35819 of 2019 and W.P.No.542 of 2020 seek postponement of the Kumbaabhisekham from the date fixed i.e., 05.02.2020 to 29.04.2020 can be broadly classified as under:
i. that as per draw of flowers, the date fixed for the Kumbaabhisekham was 29.04.2020.
17/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 ii. that there would be interference with the conduction of Car festival during Shivarathiri festival, which, within a few days, follows the date fixed for Kumbaabhisekham.
iii. that this would be in opposition to the Agama Shastras and opinion of religious heads.
iv. that in the month of February and March, the public and other final year examinations for the schools would start.
v. that the Kumbaabhisekham of Arulmigu Chellandiamman temple at Muthur should be first performed.
vi. that 29.04.2020 is a more astrologically auspicious day for the deity.
25. The ground that 29.04.2020 is a more astrologically auspicious day for the deities and therefore for performance of Kumbaabhisekham, has to be stated only to be rejected. It is the belief of all theists that gods/goddesses transcends all dimensions including time and space. Therefore, for one who transcends time and space and also all limitations within which this universe functions, it can never be stated that a particular date and time is the astrologically auspicious time and date. 18/36
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26. The ground that the date had been fixed by draw of flowers also cannot be accepted by this Court. No material has been placed on record to substantiate that statement .Moreover, the statement that several religious experts had suggested the date as 29.04.2020 is also to be rejected. In this connection, the religious heads who are said to have been consulted are i).Raja Bhattar, Thiruparankundram, ii).Siva Shanmugasundarar Gurukkal, Patteeswaram, iii).Jayasuburama Gurukkal, Avinashi and iv).S.N.Rajaganapathy Sivachariar Sivanmalai.
27. I have not entering deeper into this controversy because both sides have very surprisingly filed letters from atleast one of the named religious expert mentioned above who had given his choice for the date for performance of the Kumbaabhisekham both on 05.02.2020 and 29.04.2020. This Court cannot embark on an adventurous exercise to determine which is the auspicious date for the deities. Any day on which a religious function is performed with peace in mind and with the noble object to promote harmony among people will naturally be an auspicious date. The very same day when approached with 19/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 strife in mind with intention to spread discontent among the people will turn out to be an inauspicious day. When few individuals who are determined to obstruct performance of Kumbaabhisekham for which substantial works have been started/commenced and is underway, then the larger interest of the society alone will have to be projected and in such a situation judicial intervention is not at all possible. The authority who is responsible for conducting the Kumbaabhisekham namely, the Commissioner, HR & CE., Department had directed that the Kumbaabhisekham should be performed on 05.02.2020. A responsibility is simultaneously cast upon the community of people to join in such a venture and ensure it is performed with all fervor and with spirit of unity and harmony.
28. The further contention that the public examinations for schools would be held and therefore, would cause inconvenience to the general public would have also to be rejected by this Court. Writing an examination, after visiting a temple or any religious institution would, if the person so pleases and if he/she depends on holy intervention for the performance in his/her 20/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 exam, only enhance the performance. It would certainly not obstruct the performance.
29. It is beyond the scope of this Court under Article 226 of the Constitution of India to examine questions relating to astrologically auspicious / inauspicious days. It is also beyond comprehension as to how a Judicial Authority can give a stamp of approval for a particular day as auspicious or inauspicious. All Kumbaabhisekhams, or for that matter, all religious ventures are conducted by a head priest. It is normally expected that the words of the head priest are followed without any demur or challenge.
30. The actual aim to obstruct Kumbaabhisekham can be guaged from the additional documents filed by the writ petitioner in W.P.No.35819 of 2019. A series of bank statements have been filed and it is therefore obvious that money rules the minds of the writ petitioner. He is not interested in ensuring devotion but has superseded pious obligations with monetary considerations.
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31. With respect to the claim that Agama Shastras have proclaimed that 05.02.2020 is not an auspicious day again has to be rejected. The term 'Agama' means tradition. As on date there are 28 Saiva Agamas and 2 primary Vaishnavite Agamas. Most of the temples in Tamil Nadu are built according to Siddhantha Saivagama. None of the Agamas are today available in complete form. Reliance is therefore based on earlier opinions and available materials. Different scholars interpret Agamas in different ways.
32. The learned counsel for the petitioner in W.P.No.35819 of 2019 had relied on the verse which apparently is in No.454 of “Uthara Kaamika Agamam”. It is to be noted that every tenet laid down as a way of life projected by Sanathana Dharma also lays down an alternate and there has never been a strict imposition of a particular way of life. It has always been emphasized that according to the existing circumstances, deviations are permitted. Circumstances vary depending on the place, culture, community custom and beliefs. There has never been an insistence that a ritual should be followed or practiced in only a 22/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 particular manner. Even in the verse relied on by the learned counsel, a window is provided that ceremonies can be performed even during Utsavam period.
33. In every temple the deities are classified as Moolavar and Utsavar. 'Moolavar' is a Sanskrit word referring to the main deity in a Hindu Temple. Moola means “main”, which in turn refers to the primary deity in the temple. The sanctuary inside the Hindu temple is called Garba griha (dwelling of the embryo). The sanctum is located at the center of the temple, and its only opening mostly faces East. The more important deity Moolavar, is near the center of the temple than the other deities that surround them and are precisely located at the points corresponding to the energies they represent.
34. 'Utsavar' is derived from the Sanskrit word, 'Utsavam', a festival predominantly referring to Hindu religion. In Hinduism, it is referred to the festival when the deity's Utsavar is usually taken during temple festival processions. Utsava moorthis are generally made of metal.
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35. In the verse relied on by the learned counsel it had been stated as follows:
“454 cj;!tk; Kjypa fhy';fspy;
g;ujpc&;il Kjypaitfis bra;af;TlhJ/
rhe;jp. ncwhkk; Kjypad bra;J g;ujpc&;il
Kjypaitfs; ntz;Lkhdhy; bra;ayhk;/”
”36. In English, it means that during the period of Utsavam, taking the deity in a procession is not permitted. However, the deity can be taken out on procession, if required, after performing Shanthi poojas and Homam. It is thus seen that there is no strict bar in taking the deity out in a procession during the period of Kumbaabhisekham. A strict interpretation to that extent is obviously not correct. Once this fact is established then the fear that the Shivarathiri festival would not be performed in accordance with the existing custom has to be allayed. 24/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
37. In the book “Muthur Thala Maanbu” namely, the primary, customary practice of temples in Muthur written by M.V.Kuppusamy Gounder, Trustee, Arulmigu Chozheeswarar Swamy temple, Muthur and first published in June 1988, a copy of which had been circulated by the learned Senior Counsel in W.P.No.542 of 2020, at page 80 onwards, the customary practice for performance of the Shivarathiri function had been given. It is seen that the function extends from 11 to 12 days. The day to day nature of functions have also been elaborately stated.
38. The manner in which the Shivarathiri function has been planned to be now performed is also evident from the copy of the invitation for the same, enclosed as a document in W.P.No.34681 of 2019. It is seen that the Car festival is on 11.03.2013 between 05.00 a.m and 06.00 a.m and prior to that there would be special abhisekham and poojas performed. Even according to the Agamas as relied on by the learned counsels, the Car festivals can be performed after performing necessary Shanthi pooja and Homam. Consequently, there cannot be a bar for performance of the Shivarathiri function as had always been 25/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 performed even during the period of Mandala abhisekham after the performance of Kumbaabhisekham.
39. Yet another ground in which the date 05.02.2020 is questioned and disputed is that it had been projected by the respondent in the counter affidavit that the Mandala abhisekham would be performed for a period of 12 days and then the Car festival for Shivarathiri would be conducted. In this connection, the stand of the Executive Officer of the temples is extracted below:
“13(d). ......It is the factual position that Kumbaabhisekham for the said temple is going to be performed on 05.02.2020. This dated was decided by the community people on 06.08.2019 after obtaining advice and guidance from the Agama experts viz.,
i).Raja Bhattar, Thiruparankundram,
ii).Siva Shanmugasundarar Gurukkal, Patteeswaram, iii).Jayasuburama Gurukkal, 26/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 Avinashi and iv).S.N.Rajaganapathy Sivachariar Sivamalai. The date is considered to be auspicious for performing Kumbaabhisekham and it is pertinent to point out that Kumbaabhisekham is going to be performed on the said 05.02.2020 in above 35 temples in all Tamil Nadu.
Further, the Mandala pooja will be performed for 12 days only and thereby there will be no difficulty in conducting the Car festival on Sivarathiri which falls on 23.02.2020. The apprehension of the petitioner is baseless and misplaced. In fact in the year 2001, in another Temple viz., Arulmighu Veerakkumarasamy Temple, situated at Vellakovil near Muthur, Kumbaabhisekham was performed and within a period of 14 days, Car festival was conducted. Therefore, a similar 12 days Mandala Pooja will be performed and the 27/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 Car festival will be conducted in the said temple with the same religious pomp and fervor. It is submitted that regarding the averments made in the plea that 'Kaappu is tied' is concerned, the same will be done one week prior to the commencement of the Car festival and as such the apprehension is baseless. As stated supra, there is clear 18 days time between the Kumbaabhisekham and the Car festival cum Kaappukattuthal. The Kaappukattuthal can be done immediately on completion of the 12 day Mandala Pooja and thereafter the Car festival can be conducted as usual.”
40. When a specific stand had been taken by the respondents as stated above, then it would be highly inappropriate for this Court to intervene. In such situation an onus is cast on the community people to join in the celebration to spread peace and with harmony in their minds. If they are not 28/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 so inclined, then, no amount of judicial intervention can be of any assistance. The contention that prior permissions must have been obtained from the Arulmigu Chellandiamman temple at Muthur cannot also be addressed by this Court. The date has been fixed on consultation of all the community people and it is evident strife has emanated only owing to financial transactions in which the community people have, without any authority, voluntarily indulged themselves. If a few section of the people had thought that this would be an occasion to collect money then questioning collection of money naturally follows and the Court cannot enter into such controversy.
41. It is also seen from the photographs circulated by the learned counsel on behalf of the Executive Officer, that substantial arrangements had been made towards the performance of the Kumbaabhisekham and assurance had been given that the Shivarathiri function would be conducted in the same manner as has always be conducted.
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42. An option is given to the Executive Officer, to extend the Mandala pooja to 48 days and perform necessary homams as advised by the religious priests prior to the Car festival during the occasion of Shivarathiri. Performance of both simultaneously is always possible. People can participate in the Mandala Pooja and also participate in the Shivarathiri festival. Hindu tenets always provide exceptions and has also encouraged alternate ways and has never laid down a strict rule. The Mandala abshisekham is to be performed for the Moolavar and the Utsavar alone is always taken out in Car festival and can be taken out on the ensuing Shivarathiri. Options can be exercised by the community people to tie Kaapu, and participate in the Mandala abshisekham or not tie Kaapu and participate in the Shivarathiri festival or tie Kaapu for 12 days and participate in both. These are individual choices.
43. This Court under Article 226 of the Constitution of India cannot and should not intervene in religious matters. These are left best to be addressed by the Authorities concerned. The Authorities concerned had given an assurance that they would 30/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 conduct the festival, the Kumbaabhisekham and the Shivarathiri festival in an appropriate manner. That is the only assurance which this Court can seek and in this connection has also been unconditionally extended by the Executive Officer. The only additional suggestion the Court can give is to consider extending the Mandala pooja from 12 days to 48 days and simultaneously perform the Mandala pooja for Moolavar, as the Utsavar alone will be taken on Car festival and there would not be any disturbances in the daily Mandala pooja for the Moolavar. The Utsavar can be taken out after performance of necessary homams as stated in the Agama Shastras extracted above and as stated by the learned counsel in W.P.No.35819 of 2019.
44. Towards the end of the arguments, the learned Senior Counsel for W.P.No.542 of 2020 stated that the mother of the Executive Officer had recently passed away and therefore, a bar is created for participation in religious functions. This statement is also rejected. The Authorities would certainly be aware of the procedure to be followed and the Court is confident that due consideration would be given for the same. 31/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
45. In view of the above discussions;
i).W.P.No.34681 of 2019 is disposed of in view of the fact that the apprehension of the petitioner that the Car festival would not be conducted in an appropriate manner during the Shivarathiri festival has been suitably addressed by the respondents.
ii).W.P.No.35436 of 2019 is allowed with the direction that the Kumbaabhisekham festival for the temples has to be conducted on 05.02.2020 and with a further direction to the Superintendent of Police, Tiruppur District and the District Collector, Tiruppur District, to continue to extend adequate Police protection for the peaceful conduct of the Kumbaabhisekham on 05.02.2020.
iii). W.P.No.35819 of 2019 is dismissed.
iv). W.P.No.542 of 2020 is dismissed.
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v). All connected Writ Miscellaneous Petitions are closed.
vi). This Court had actively considered whether costs should be imposed. However, the Court hopes and trusts that good sense will prevail among the devotees of the temple and that they would join in performing the Kumbaabhisekham and Shivarathiri function with devotion in their mind. The Court is not inclined to impose costs.
23.01.2020
smv
Index : Yes / No
Internet : Yes / No
Speaking order : Yes / No
33/36
http://www.judis.nic.in
W.P.Nos.34681, 35436 & 35819 of 2019
To,
1.The Commissioner,
Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai – 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Jail Road, Coimbatore.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Tiruppur.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivanmalai, Kangeyam Taluk, Tiruppur District.
5.The Executive Officer, Arulmigu Selvakumara Swamy, Anthanuramman and Kuppaianna Swamy Thirukoil, Muthur, Tiruppur District.
6.The Government of Tamilnadu, Represented by Additional Chief Secretary, Tourism, Culture and Religious Endowments Department, secretariat, Chennai.
7.The Commissioner, Hindu and Religious and Endowment Board, Chennai – 34.
8.The Joint Commissioner, Hindu and Religious and Endowment Board, Coimbatore – 18.
34/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019
9.The Executive Officer Hindu and Religious and Endowment Board, Muthur Arulmigu Athanuramman, Kuppaianna Swami Thirukovil and Arulmigu Selvakumara Swami Thirukovil, Chinnamuthur, Tiruppur District.
Chennai – 34.
10.The Secretary Government of Tamilnadu, Hindu Religious and Endowment Board, Fort St. George, Chennai – 600 009.
35/36 http://www.judis.nic.in W.P.Nos.34681, 35436 & 35819 of 2019 C.V.KARTHIKEYAN.J, smv Pre-delivery Order made in W.P.Nos.W.P.Nos.34681, 35436 & 35819 of 2019 and W.P.No.542 of 2020 23.01.2020 36/36 http://www.judis.nic.in