Madras High Court
Thathadesikar Thiruvamsathar Sabha vs The Commissioner on 28 February, 2023
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.5556 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.5556 of 2023
1. Thathadesikar Thiruvamsathar Sabha,
No.8-B, Sannithi Street, Little Kanchipuram,
Kancheepuram – 631 501.
Represented by its Secretary Mr.T.K.Sampath Kumaran
2. T.K.Sampath Kumaran ... Petitioners
Vs
1. The Commissioner,
Hindu Religious & Charitable Endowment Board,
112, Uthama Gandhi Salai, Nungambakkam,
Chennai – 600 034.
2. The Joint Commissioner,
Hindu Religious & Charitable Endowment Board,
11/20, A.K.Thangavelar Street, Kanchipuram – 631 501.
3. The Executive Trustee,
Sri Devaraja Swamy Temple, Kanchipuram – 631 501.
... Respondents
Prayer:- Writ Petition filed under the Article 226 of Constitution of India,
to issue a Writ of Mandamus forbearing the respondents from in any
manner interfering with or altering or expanding the religious usages/
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https://www.mhc.tn.gov.in/judis
W.P.No.5556 of 2023
customs of Sri Devaraja Swamy Temple, Kanchipuram in relation to the
Special Honours accorded exclusively to the Five Madathipathis specified
in communication of the third respondent dated 05.09.1991.
For Petitioners : Mr.G.Rajagopalan, SC
for Mr.Niranjan Rajagopalan
For Respondents : Mr.R.Shanmugasundaram,
Advocate General
Asst. by Mr.N.R.R.Arun Natarajan,
Spl. Government Pleader [HR & CE] –
R1 to R3
Mr.R.Karthikeyan – R3
Mr.D.Rajagopal - 3rd party
- Thirukururgudi Jeeyar
Mr.Arun C Mohan – Intervenor for
Srimath Andavar Asaramam
ORDER
This Writ Petition has been filed to forbear the respondents from in any manner interfering with or altering or expanding the religious usages/ customs of Sri Devaraja Swamy Temple, Kanchipuram in relation to the Special Honours accorded exclusively to the Five Madathipathis specified in communication of the third respondent dated 05.09.1991. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.5556 of 2023
2. The main grievance of the Writ Petitioners is that for several centuries, special honours have been conferred to heads of 5 mutts, which are associated with the Devaraja Swamy Temple. They are the [1] Kanchi Kamakoti Peetam – Sankara Mutt, Kanchipuram, [ii] Sri Ahobila Mutt [iii] Sri Vanamalai Mutt, Nangunery, [iv] Sri Parakala Jeeyar Mutt, Mysore and [v] Sri Vyasarayar Mutt, Sosale [Udupi]. The honours are not restricted to the Mutts of Sri Vaishnava Sampradhya alone; as the names would reveal, it is accorded to one Adhvaitha Mutta namely [Kanchi Sankara Mutt], one Dhvaitha Mutta [Vyasaraya Mutt] and three Vishishtaadhvaitha / Sri Vaishnava Mutts and these five mutts and their heads are conferred a special honour owing to their association with the temple and such honour is not accorded to any other religion and their rights have been recognized by various communications. However, in the recent pass, the authorities are insisting that similar honours to be given to other mutts. Hence, seeks a direction.
3. The learned Advocate General appearing for the respondents submitted that so far, the honours have been recognized only for 5 mutts 3/7 https://www.mhc.tn.gov.in/judis W.P.No.5556 of 2023 and the Government has not extended the honours to any one and inter se dispute among them shall be resolved by approaching the authorities.
4. The counter asserts the same. It is also stated in the counter that the honour would be extended after receiving communication from the respective mutt and the Executive Trustee of the temple should communicate the same to the Uthurai Maniyam and the Treasurer to make the arrangements. The Uthurai Maniyam would arrange for all the respects to be extended and the Treasurer would collect the 'Sthalavarahan' from the concerned mutt. It is further stated in the counter that in the year 2001, the Jeer, Srimad Andavan Ashramam [Srirangam], who was a member in the Temple Administrative Committee formed by the Government of Tamilnadu was extended with the honour of 'Pancha Mudhirai Mariyadhai' which was objected by many devotees. One K.P.Varadhachariar had filed a suit in O.S.No.53 of 2001 before the Principal District Munsif, Kancheepuram seeking for an injunction restraining the temple administration from extended the 'Pancha Mudhirai Mariyadhai'. The plaintiff in the said suit also filed an application for interim injunction on 30.01.2001 which was made absolute by an Order dated 23.08.2002. In 4/7 https://www.mhc.tn.gov.in/judis W.P.No.5556 of 2023 view of the interim injunction granted by the civil Court, no such honour was extended to the Jeer of Srimad Andavan Swamigal [Srirangam] and the practice that was in vogue was followed until the suit came to be dismissed on 08.09.2014 as it was reported that the plaintiff passed away.
5. The submissions of the learned Advocate General is recorded. As the counter also confirm the statement of learned Advocate General, no further Order is required in this Writ Petition. If the honour is extended to anybody, it is open to the petitioner or the five mutts, viz., [1] Kanchi Kamakoti Peetam – Sankara Mutt, Kanchipuram, [ii] Sri Ahobila Mutt [iii] Sri Vanamalai Mutt, Nangunery, [iv] Sri Parakala Jeeyar Mutt, Mysore and [v] Sri Vyasarayar Mutt, Sosale [Udupi], who were originally recognized, to challenge the same in the manner known to law.
6. Accordingly, this Writ Petition is closed. Consequently, connected miscellaneous petitions are closed. No costs.
28.02.2023 Index:Yes/No Neutral Citation : Yes/No vrc 5/7 https://www.mhc.tn.gov.in/judis W.P.No.5556 of 2023 To,
1. The Commissioner, Hindu Religious & Charitable Endowment Board, 112, Uthama Gandhi Salai, Nungambakkam, Chennai – 600 034.
2. The Joint Commissioner, Hindu Religious & Charitable Endowment Board, 11/20, A.K.Thangavelar Street, Kanchipuram – 631 501.
3. The Executive Trustee, Sri Devaraja Swamy Temple, Kanchipuram – 631 501. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.5556 of 2023 N.SATHISH KUMAR, J.
vrc WP.No.5556 of 2023 28.02.2023 7/7 https://www.mhc.tn.gov.in/judis