Common Order:

Belying the hopes expressed by eminent judges and ignoring the scathing criticism and ridicule, made on and off the Court, for over two centuries, the two schools (Thengalais and Vadagalais) of Srivaishnavism have continued to engage Lord Devarajaswami of Kancheepuram in a never ending litigation. Every judgment is rendered by a court in the fond hope that it would resolve the disputes between the parties once and for all. But the disputes relating to the temple of Devarajaswami always belied such hopes as seen from the observations of the Sub-Court, Chinglepet in O.S.No.30 of 1956 wherein the learned Judge observed:

"The history of litigation shows that when one controversy is solved by judicial decision, another controversy arises, as a sphinx from its ashes, to help the flame of eternal disputations" The writ petitions herein are part of that legacy.

2. The petitioners have come up with the present writ petitions (i) challenging the initiation of suo motu proceedings by the Joint Commissioner of the Hindu Religious and Charitable Endowments Department in O.A.No. 21 of 1999 for the modification of a scheme for the management of the Arulmigu Devaraja Swamy Temple at Kancheepuram and (ii) seeking a direction to him to pass final orders in an earlier proceeding of similar nature in O.A.No.95 of 1978.

3. I have heard Mr.K.Alagirisamy, Senior Counsel appearing for the petitioners in both the writ petitions, Mr.S.Ramasamy, Additional Advocate General appearing for the Department, Mr.S.Balasubramaniam, learned counsel appearing for the second respondent in both the writ petitions, Mr.R.Singaravelan, learned counsel appearing for the fourth respondent in both the writ petitions, Mr.S.Parthasarathy, learned Senior Counsel appearing for the sixth respondent in both the writ petitions, Mr.K.Vamanan, learned counsel appearing for the seventh respondent in both the writ petitions and Mr.T.C.A.Srinivasan, learned counsel appearing for the eighth respondent in both the writ petitions.

4. Sri Devaraja Swamy temple at Kancheepuram is one of the most ancient temples of South India, though the early history of the temple is involved, as stated by a Division Bench of this Court, in much obscurity. It is considered to be one of the 108 "Divya Desas" by some of the followers of Sri Vaishnavism. Though Sri Vaishnavism, as propagated, postulated and popularised by one of the greatest Saints of all times by name Sri Ramanujacharya, is firmly rooted in "eternal love", the two schools of Vaishnavism viz., "Thengalais" and "Vadagalais" plunged some of the ancient and holy shrines into "eternal litigation". Sri Devaraja Swamy temple of Kancheepuram is one such temple, described by a Division Bench of this Court way back in 1912 as a source of constant and bitter litigation.

5. The history of litigation in this temple, which may provide an interesting case study for a student of law, may be stated in a nutshell as follows:-

(i) It appears that towards the close of the 17th Century, the idol of Lord Varadaraja Swamy was removed from Kancheepuram and taken to Udayarpalayam, with a view to protect it from a possible threat of invasion. However, one Athan Thiruvenkata Ramanuja Jeer, who belonged to the Thengalai sect, brought the idol back to Kancheepuram in 1710 A.D., with the aid provided by the Nawab of Hyderabad. Interestingly, Lord Varadaraja Swamy remained peaceful at Udayarpalayam, perhaps due to the fact that the word "Udayar" from which the word "Udayavar" is derived also denotes Sri Ramanuja. From the time the idol was brought back to Kancheepuram, the warring groups of devotees have dragged the Lord into ever so many disputes. It appears that after the idol was brought to Kancheepuram, the localites known as Sthalasthars and one Lala Thodar Maulji, a Chieftain of the Mohemmedan Prince by name Sadulla Khan, conferred the right of management on the said Athan Jeer. This enabled the Thengalais to gain the right of managemen