Indian Kanoon - Search engine for Indian Law

The petitioners sent a representation dated 08.08.2022 to the authorities to consider their grievance and objections.

2.The contention of the petitioners is that Arulmighu Karkkuvel Ayyanar Temple is located at Theri Kudiyiruppu, Kuthiraimozhi Village, Tiruchendur Taluk, Thoothukudi District. The main festival will be conducted in the Tamil month of Karthigai. The Temple is in existence from time immemorial and the main deity of the Temple is Arulmigu Karkkuvel Ayyanar and there are 21 Parivara Deivangal (companion deities) in the Temple. In normal days, the Temple Poojas will be done by the Hereditary Poosari and the Temple is under the control of the H.R. & C.E. Department. https://www.mhc.tn.gov.in/judis

3.The main Temple festival falls on 28, 29 and 30th of Karthigai. From time immemorial, for the three days, the Pooja for the main deity will be done by the Hereditary Poosari and for 21 Parivara Deivangal, the Pooja will be done by Yadava community people. However, the other community people also participate in the Temple festival and worship the deity. On the three days of the Temple festival, the Yadava community people will offer all the Poojas for 21 Parivara Deivangal and this is being followed from time immemorial. Insofar as one deity viz., Iyvar Raja is concerned, one of the Yadva community families from Palayamkottai offers Pooja in a hereditary manner. Further, the persons, who offers Poojas to the companion deities, will stay in the Temple itself, more specifically in the buildings, which have been constructed by them. On the 30th day of Karthigai, the final festival will be conducted and a ritual viz., Kallar Vettu will be performed. On all the three days, Annadhanam will be offered in the Temple. On 1st of Margali, Yadava community people alone will stay in the Temple and offer Poojas for the deities. The Yadava community people played a predominant role in constructing the Temple and developing the same. The above deity is the family deity for most of the Yadava community people, who hail from Tirunelveli and Thoothukudi Districts.

https://www.mhc.tn.gov.in/judis

4.The petitioner filed a writ petition in W.P.(MD)No.18303 of 2020, seeking permission to participate in the Temple rituals. This Court, by order dated 11.12.2020, disposed of the writ petition with certain conditions. During the period of Karthigai festival, each community people used to store Pooja articles and their belongings in the buildings constructed by their forefathers inside the Temple. Further, as a customary practice, the community people used to prepare Neivedhyam, which will be offered for their family deity in the above said buildings, including 21 Parivara deivangal. This being so, the fourth respondent, all of a sudden, orally threatened to dispossess the petitioner and informed that they are going to demolish the above said buildings under the pretext of extension of the Temple premises. The fourth respondent is altering the physical structures of the Temple against the ritual practices and Aagamas. Further, the fourth respondent informed that they will earmark the land for the petitioners outside the Temple premises, which is situated at a distance of one kilometer away from the Temple. The Kumbabishekam is scheduled to be held on 01.09.2022. Hence, the petitioners have given their objections. Despite the same, the Temple authorities are continuing their forcible demolition. If all the buildings are demolished, the petitioners would be put to great hardship in preparing Neivedhyam for their family deity in the said building, including 21 Parivara Deivangal and forcing them to move away for more than one kilometer from the Temple. Hence, the https://www.mhc.tn.gov.in/judis petitioners sent a representation, which was not considered. Hence, the present Writ Petition.

8.The learned counsel further submits that now, the Kumbabishekam is scheduled to be held on 01.09.2022. For putting up Yagasalai, 8 rooms were demolished. Further, 12 persons belonging to Nadar community given their consent letter to hand over the rooms, requested to provide alternate place and they have also agreed to move one kilometer away from the Temple precincts, which is also a Temple land, where space are allotted to them, to facilitate them for conducting Poojas. All the 51 rooms are under the control and custody of the fourth respondent/Executive Officer. Now, the construction of https://www.mhc.tn.gov.in/judis compound wall around the Temple is in progress. For Kumbabishekam, around 3 to 4 Lakhs people are expected to participate. For free movement of the devotees and avoiding mishap during Kumbabishekam and also taking into consideration the dilapidated condition of the rooms inside the temple, all the rooms have now been demolished. The Temple is ready to give alternate space, if the community people make a request on the terms of the Temple authorities. For the petitioners' present request of having a room nearby the Temple, for preparing Neivedhyam by the petitioners' group, it can be provided for this year alone. Further, the learned counsel submits that there is a claim and counter claim between the petitioners' group and other community people with regard to worship of Parivara Deivangal. The petitioners' group has no exclusive right as projected by them. It is a public Temple. All the community people can come and worship the deity and all will be given equal rights and priorities to conduct Poojas. The learned counsel further submits that 51 rooms, now razed down, alternate space will be provided on the conditions stipulated by the Temple authorities.