Madras High Court
Shri Thatha Desika Thiruvamsathar ... vs The Commissioner on 31 March, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2023:MHC:1641
W.P.No.10033 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.10033 of 2023
and
W.M.P.Nos.10078 & 10079 of 2023
1.Shri Thatha Desika Thiruvamsathar Sabha,
8B, Sanadhi Street,
Kanchipuram – 631 501
Rep. by its Secretary,
Mr.T.K.Sampath Kumaran.
2.T.K.Sampath Kumaran ... Petitioners
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Rd, Thousand Lights West,
Nungambakkam,
Chennai – 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
No.11/20, A.K.T. Street,
Kancheepuram – 631 501.
3.The Executive Trustee,
Arulmighu Devaraja Swamy Thirukkoil,
kancheepuram – 631 501.
4.K.K.A.Ananthalwan ... Respondents
Page 1 of 9
https://www.mhc.tn.gov.in/judis
W.P.No.10033 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 3rd respondent to provide due
honours to the petitioner Community, Thathachariars, on the 4th day of the
Panguni Uthiram festival in Sri Devarajaswami Temple, Kancheepuram, as
per the customary practice existing in the Temple from time immemorial.
For Petitioners : Mr.Niranjan Rajagopalan
For M/s. G.R. Associates
For R1 & R2 : Mr.N.R.R.Arun Natarajan
Special Government Pleader
[For H.R.&.C.E]
For R3 : Mr.R.Bharanidharan
For R4 : Mr.D.Rajagopal
ORDER
The writ on hand has been instituted to direct the 3rd respondent to provide due honours to the petitioner Community Thathachariars on the 4 th day of the Panguni Uthiram festival in Sri Devarajaswami Temple, Kancheepuram, as per the customary practice existing in the temple from time immemorial.
Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023
2. The petitioners state that the 1st petitioner is a Society registered under the Tamil Nadu Societies Registration Act, 1975 for espousing the causes of the descendants of Kotikanyakadhana Lakshmikumara Thathadesikar, a micro community having special rights relating to Sri Devaraja Swamy Temple, Kancheepuram and ensuring proper functioning and maintenance of customs associated with the Temple. The petitioners community and descendants of Sri Alavandar, the maternal grand uncle of Sri Ramanujacharya and the most prominent of their ancestors thereafter is Sri Kotikanniyakadana Lakshmikumara Thatha Desikar, who was a Raja Guru during the period of Sri Krishnadevaraya in the Vijayanagar Empire in the 16th Century.
3. The grievances of the petitioners are that the customary practice prevailing has not been followed by the respondents, while conducting the Panguni Uthiram festival in Sri Devarajaswami Temple at Kancheepuram. The petitioners have submitted a representation to the authorities to redress their grievances and provide due honours to the petitioners community, Thathachariars on the 4th day of Panguni Uthiram festival in Sri Devarajaswami Temple, Kancheepuram. However, they are not following the Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023 said customary practice. Hence, the petitioners are constrained to move the present writ petition.
4. The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 made a submission that the customs and its practices are to be determined by the Joint Commissioner or by the Deputy Commissioner under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act. The petitioners cannot claim any such honour in the absence of an adjudication and an order to be passed by the Joint Commissioner.
5. The learned counsel for the petitioners replied by stating that there is an order already in force in this regard and this Court accepting the consent made an observation in the order passed in the W.P.No.6119 of 2003 dated 26.03.2004. The order in the writ petition was passed based on the compromise memo entered into between the parties. Based on the compromise memo due honours to be provided to the petitioner community.
6. The learned counsel appearing on behalf of the Temple made a submission that the 3rd respondent / Executive Trustee cannot decide these Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023 issues. As rightly pointed out by the learned Special Government Pleader, the Joint Commissioner is the competent authority to determine the prevalence of customs and practice in the Temple and thus, the temple may be allowed to continue the existing practice prevailing from the time immemorial.
7. It is unfortunate that such disputes are raised in an ancient temple, where lakhs and lakhs of worshippers are visiting to offer their prayers to Sri Devarajaswami Temple at Kancheepuram. These individuals are claiming honours from the Temple and this Court is unable to understand the reason behind such self styled claims based on customary practices. No doubt, certain customary practices are protected under the provisions of the Act and whether such customary practices are to be continued or not is to be decided in the present day context by the administrators and by the persons, who all are claiming such honours in self styled manner.
8. Worshippers are visiting the Temple for peace and not to create disputes. In the present case, the petitioners are claiming honours to the community. If at all there is any such dispute, High Court cannot adjudicate such disputes with reference to documents and evidences and as rightly pointed out by the learned Special Government Pleader, Section 63(e) of the Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023 Act contemplates “Whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution ; and what the established usage of a religious institution is in regard to any other matter”. However, in the present case, the petitioners claim that there was a compromise memo entered into between the parties and the memo was recorded in a writ proceeding by this Court.
9. Such compromise memo cannot be the basis for its continuance, which is to be otherwise determined with reference to the provisions of the Act. Two parties consenting to follow a procedure at all circumstances cannot be accepted by the Court as well as by the Temple Administration. By way of consent, the practice cannot be changed nor such honours are to be provided. Thus, it is imminent to determine the issues regarding “Customs and Practices”.
10. In view of the facts and circumstances, the parties are at liberty to approach the Joint Commissioner under Section 63(e) of the Act to determine the issues relating to “Customs and Practices” to be followed in Sri Devarajaswamy Temple.
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11. As far as the 4th day of the Panguni Uthiram Festival is concerned, the Temple Administration shall proceed based on the customs and practices prevailing from time immemorial and the petitioners and the other parties are bound to follow the said procedures in coordination with the Temple Administration.
12. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
31.03.2023 (2/2) Jeni Index : Yes Speaking order Neutral Citation : Yes Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023 To
1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Rd, Thousand Lights West, Nungambakkam, Chennai – 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, No.11/20, A.K.T. Street, Kancheepuram – 631 501.
3.The Executive Trustee, Arulmighu Devaraja Swamy Thirukkoil, kancheepuram – 631 501.
Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.10033 of 2023 S.M.SUBRAMANIAM, J.
Jeni W.P.No.10033 of 2023 31.03.2023 (2/2) Page 9 of 9 https://www.mhc.tn.gov.in/judis