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2003 Supreme(Mad) 190

K.GNANAPRAKASAM
Aaralvaimozhi Sri Nainar Kulasekara Vinayagar Vellala Samudaya Temple, Vadakoor, Aaralvoimozhi represented by its Trustees and others – Appellant
Versus
Palavesam Pillai and others – Respondent


Advocates:
K.Yamunan, for N.Srinivasan, for Appellant Nos.2, 3 and 4.
Ms.O.K.Sridevi, for Appellant Nos.2 and 5.
V.Venkatasamy, S.Shivashunmugham, Government Advocate, for Respondent No.5.

JUDGMENT: The plaintiffs are the appellants herein. The plaintiffs filed the suit for declaration that the plaintiffs’ institutions is a denominational institutions and are entitled to protection under Art.26 of the Constitution of India.

2. The plaintiffs’ case is that Vadakoor Aaralvoimozhi is a well defined locality in Aaralvoimozhi hamlet of Thovala Village and Taluk, Kanyakumari District. The vellalas inhabiting in Vadakoor Aaralvoimozhi are collection of individuals, having a common faith and are followers of Saivite form of Hindu religion and designated by the distinct name ‘Vadakoor Vellala Samudhayam’ and this constitutes a denomination by itself. It is stated that the said Vellala Community has got their own peculiar customs and practice in the religious worship of the suit temple. The main deity Sri Nainar Kulasekara Vinayagar is situated in the sanctum sanctorum and in the Ardhamandapam Acharya Vinayagar is situated. Deeparathanai will be done for the main deity in the sanctum sanctorum. There are two Nagars behind Acharya Vinayagar and on the side of the said Ardhavinayagar an idol of Baktha is found. Worship is done to them also. In the Ardhamandapam, a panchaloha Muth




































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