Madras High Court
R.S.Kalyanasundaram vs The Commissioner on 1 June, 2018
Bench: M.V.Muralidaran, T.Krishnavalli
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.06.2018
CORAM
THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN
AND
THE HONOURABLE Mrs. JUSTICE T.KRISHNAVALLI
W.P.(MD)No.11817 of 2018
R.S.Kalyanasundaram .. Petitioner
-Vs-
1.The Commissioner,
Hindu Religious and Charitable Endowment Department,
Nungampakkam,
Chennai.
2.The Executive Officer/Joint Commissioner,
Arulmigu Sree Subramaniya Swamy Temple,
Thiruchendur,
Tuticorin District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the Respondents to introduce biometric
device to mark and record the entry of the staffs appointed by the department
alone and consequently order to reform the administration of the temple by
form committee consisted of the 1st Respondent himself and the District
Collector of Tuticorin District to streamline the administration of
Sri.Subramaniya Swamy Temple, Tiruchendur, Tuticorin District.
!For Petitioner:Mr.M.Thirunavukkarasu
^For Respondents:
Mr.V.R.Shanmuganathan(for R1)
Special Government Pleader
Mr.M.Muthu Geethayan (for R2)
:ORDER
(Order of the Court was made by M.V.MURALIDARAN,J.) That the instant Writ Petition is filed seeking the relief to direct the Respondents to introduce biometric device to mark and record the entry of the staffs appointed by the department alone and consequently order to reform the administration of the temple by forming a committee consisted of the 1st Respondent himself and the District Collector of Tuticorin District to streamline the administration of Sri.Subrmaniya Swamy Temple, Tiruchendur, Tuticorin District.
2.The case of the petitioner is that he is the resident of Rajapalayam Town, Virudhunagar District and according to the petitioner that he is a devotee of Lord almighty Murugan and he is having the habit to visit various Murugan Temples on regular intervals throughout the State. It is his specific case that he often visited Sree Subramaniya Swamy Temple, Tiruchendur on regular intervals, since in the said temple so many functions are being celebrated throughout the year. Further, the said temple is one among the six important temples in Tamilnadu for Lord Muruga i.e., Palani, Tirutani, Swamimalai, Pazhamuthirsolai, and Tiruparankundram in Madurai District and Tiruchendur and they are called as Six Padai Veedu.
3.The specific case of the petitioner is that as far as Tiruchendur is concerned, it is alone situates in the sea-shore. Further one of the famous functions is being celebrated in the temple is namely Soora Samkaram, and Sasti among other functions. Moreover thousands of devotees are visiting the temple every day from all over the country and also from foreign countries and in the important days the number of devotees who come to the temple would go even up to 50,000. As this temple is being maintained and administered by the Hindu Religious and Charitable Endowment Department and all the administration of the temple is vested with the said Department.
4.The grievance of the petitioner is that it is the practise being followed in the temple that from the entry into the temple and up to the worship are being managed and regulated by the 2nd respondent. The temple staffs appointed by the Department are the key persons to regulate the mode of worship and other formalities. Aagama rules are also playing vital role in the worship and management of the temple.
5.It is further case of the petitioner that he unfortunately and unavoidably witnessed several irregularities and illegalities committed by the unauthorized persons, who called themselves as Iyers or Poojaries. Here the petitioner has pointed out that as far the worship of the deity in this temple is concerned, there are two types of worship namely free worship and special worship by payment. As far as the worship on payment is concerned a sum of Rs.250/-, Rs.150/- and Rs.100/- is fixed by the temple as payment for the worship. It is alleged by the petitioner that though a ticket counter is there for selling of tickets for special worship, the so called Iyers, not appointed by the Department, surrounded the ticket counter and took the devotees without allowed the devotees to buy any one of the aforesaid tickets straight to the Sanctum Santorum by posing themselves as they are the persons authorised by the Department to take the devotees to the Sanctum Santorum. At the same time, the persons appointed by the temple under various category for the administration including performing poojas are not bothering about the selling and buying of tickets by the concerned staffs and the devotees respectively.
6.Further case of the petitioner is that unauthorized persons called themselves as Iyers formed a syndicate among themselves and used to stand in the entrance of the temple and transacted with the devotees to bring them to the devotees for worship. Many of the devotees came from other Districts, States and Foreign Countries, they do not aware and recognize the staffs appointed by the temple administration. At the same time the amount buying for ticket to enter into the temple was used collected by the unauthorized Iyers though it is illegal, but the same is being carried on in connivance with the staffs appointed by the Department. So, it is the concern of the petitioner that several lakhs of rupees is monetary loss to the Department and Government. Hence, the petitioner has approached this Court by way of this Public Interest Litigation writ petition for the relief stated supra.
7.I heard Mr.M.Thirunavukkarasu, learned counsel for the petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader for the 1st respondent and Mr.M.Muthu Geethayan, learned counsel for the 2nd respondent and perused the entire records.
8.It is the case of the petitioner that he witnessed several irregularites and illegalities in the day to day affairs of the temple especially in the worship of the deity lord Muruga by the devotees. It is the admitted case that there are two types of worship. The first one is worship without any fare and the another one is worship on payment of fare. Though there is no difference between the poor and rich in the temple premises invariably in all temples in our country some fare are fixed for the special worship sitting nearby the sanctum Sanctorum. At this juncture it is useful to refer Section 3 of the Tamil Nadu Temple Entry Authorization Act and Rules, 1947 and the same is extracted hereunder:
?3. (1) Notwithstanding any law, custom or usage to the contrary, [every Hindu irrespective of the caste or sect to which he belongs] shall be entitled to enter enter any Hindu temple and offer worship therein in the same manner and to the same extent as [Hindus in general or any section of Hindus]; and 6[no Hindu] shall, by reason only of such entry or worship whether before or after the commencement of this Act, be deemed to have committed any actionable wrong or offence or be used or prosecuted therefor.
(2) Without prejudice to the generality of the foregoing provision, it is hereby declared that the right conferred by sub-section (1) shall include the following rights, if, and to the extent to which, they are [enjoyed by Hindus in general, or any section of Hindus]:-
(a) the right to bathe in, or use the waters of, any sacred tank, well, spring or water-course appurtenant to the temple, whether situated within or outside the precincts thereof ;
(b) the right of passage over any sacred place, including a hill or hillock or a road, street or pathway, which is requisite for obtaining access to the temple.?
So, in the considered opinion of this Court that all the Hindus are entitled to enter into the temple for worship, as per their wish subject to their economic status.
9.Whereas, the learned Special Government Pleader and the Standing Counsel for the HR&CE on instructions would submit that the respondents are taking keen steps each and every day to regularise the entry of the devotees in accordance with law. Further they have pointed out that the respondents are interested in the administration of the temple totally in accordance with law and they would not have any hesitation to take legal action if any illegalities are brought to their notice.
10.Now, it is for this Court to testify the contents of the petitioner made in the affidavit. The learned counsel appearing for the petitioner has vehemently contented that the grievance of the petitioner is that the unauthorised persons claiming themselves as Iyers or Poojaries have committed not only sin but they have also caused huge revenue loss to the Government unfortunately in the name of god. The authorities concerned in this regard are so lethargic as they are having connivance with the aforesaid unauthorised persons. Further, no one should be allowed to enter into the temple for special worship without buying any ticket, like that no unauthorised Poojaries are permitted to enter into the temple for arranging special worship to the devotees. There is a force in the contention raised by the learned counsel for the petitioner legally. Once a prescribed ticket is selling by the temple authority for special worship everyone is liable to buy the same by paying the prescribed fare. Apart from that the devotees are also duty bound to buy tickets for special worships, if they want, from the ticket counter as per their economic status and they would not fall as pray to the unlawful demand or arrangement for worship by the unauthorised Poojaries.
11.This Court is constrained to recollect that Aagamas expound many aspects, including personal worship, temple construction and architecture, Iconography, worship in temple, stu and so on. The Agamas contain rules for the construction of temples and shaping of arcas and the consecration and worship of the latter. The agamas are treatises by sages on the practical side of religion. They contain rules for the construction of the temples, making of arca, consecration of the temples and idols, worship of the arca and expiatory ceremonies for acts of commission and omission. Incidentally they treat of town planning to show the place of temple in a planned town and the qualifications of the worshipper. No where it is stated that syndicate is to be formed to arrange worship on illegal methods. This Court is constrained to come down heavily upon the so called Iyers or Poojaries not appointed by the Department as their act to bring the devotees without buying any tickets is unlawful and no hesitation to hold that they must be penalised. However, as the issue before this Court is also touching the introduction of the biometric device especially for the staffs and poojaries appointed by the Department is also having the merits to consider, since in many places the biometric devices are used to regulate the entry of the right persons in right way. So, in the considered opinion of this Court that the respondents will not have any second opinion in the introduction of the biometric device to regulate the entry into the temple for their staffs.
12.The contention of the learned counsel for the petitioner is having justification as to the temple administration is duty bound to provide basic amenities which include pure drinking water and toilet facilities with adequate sanitation.
13.In view of the above discussions, this Court finds the grievance of the petitioner is not only for himself, but common to all, especially the devotees of the said temple. So, in the interest of justice, equity and conscience this Court is inclined to pass the following directions:
(a) The respondents are directed to ensure that all the poojas are performing only by the legally appointed poojaries of the temple;
(b) The respondents 1 and 2 are directed to ensure that all the devotees are to be equally treated by the temple authorities without any differences between the poor and rich, since all are equal before the lord almighty;
(c) The respondents are hereby directed to consider the installation of biometric device for the entries of the staffs including legally appointed Iyers/ Poojaries into Sri Subramaniya Swamy Temple, Tiruchendur, Tuticorin District by assessing the feasibility of the same;
(d) The respondents are directed to warn the legally appointed poojaries strictly they should not demand any more money from the devotees for special poojas;
(e) The 2nd respondent, namely Joint Commissioner of H.R.& C.E., Tiruchendur area shall make surprise visit to the temple weekly once and verify spot visit as to whether the non-appointee Iyers are performing the Poojas and enquire the devotees on the day and obtain oral or written statement from them about any improper action is continuing in the temple and the Joint Commissioner, is directed to file his monthly report before this Court;
(f) The 2nd respondent is directed to exhibit written sign boards in and around the temple premises and also the important places of Tiruchendur in order to sensitize the devotees not to engage the unauthorised poojaries either to get entrance into the temple or for poojas by paying special amount except the fare fixed by the temple authorities for which receipts are to be given by the temple;
(g) The respondents are directed to ensure that all the devotees will get toilet and drinking water facilities with good sanitation apart from staying places till their worships are completed.
14.Considering the large number of devotees, who are visiting the temple every day, the respondents are directed to comply with the above said directions immediately in the interest to protect the welfare of the devotees and to prevent the huge monetary loss to the Government and the respondents are directed to file report on 05.07.2017 before this Court.
15.With the above observations, this writ petition is allowed. No costs.
The Registry is directed to list the case before this Court on 05.07.2018 at 3.00 p.m. for reporting compliance.
To
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungampakkam, Chennai.
2.The Executive Officer/Joint Commissioner, Arulmigu Sree Subramaniya Swamy Temple, Thiruchendur, Tuticorin District.
.