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2010 Supreme(Mad) 1762
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE T. RAJA
Vadakalai Vaishnava Sampradaya, Kanchipuram
Versus
The Commissioner Hindu Religious & Charitable Endowments Dept, Chennai & Others
W.P. No. 30898 of 2008 & M.P. Nos. 1 & 2 of 2008
Decided On : 16-04-2010
For the Petitioner:S. Parthasarathy, SC, for J. Ramakrishnan, Advocate.
For the Respondents:V.T. Gopalan, SC, for R3, S. Radha Gopalan, Advocate, R1, R2, T. Chandrasekar, Spl. GP.
The main legal point established in the judgment is the entitlement of the Baktha Vigraha of Sri Manavala Mamunigal to visit his shrine on the Revathy star day during the Pagalpathu festival, based on historical religious customs and usage, and the need to promote communal harmony between the religious sects.
Headnote:
Religious Sects - Religious Procession - O.A. No.332/1941, A.S. No.147/1946 - The court discussed the historical background of the religious practices and customs followed by the Vadakalai and Tenkalai sects in celebrating the Pagalpathu and Rapathu festival in the Arulmigu Devarajaswami Thirukkoil. The court found that the Baktha Vigraha of Sri Manavala Mamunigal was entitled to visit his shrine on the Revathy star day during the Pagalpathu festival, based on the long-standing religious customs and usage. The court also emphasized the need to promote communal harmony between the two sects worshipping Lord Ranganatha in the temple.
Fact of the Case:
The case involved a dispute between the Vadakalai and Tenkalai sects of Vaishnavites regarding the entitlement of the Baktha Vigraha of Sri Manavala Mamunigal to visit his shrine on the Revathy star day during the Pagalpathu festival. The petitioner, belonging to the Vadakalai community, sought an injunction to restrain the temple authorities from taking the Baktha Vigraha on the Revathy star day, while the Tenkalai community supported the procession on the Revathy star day.
Finding of the Court:
The court found that the Baktha Vigraha of Sri Manavala Mamunigal was entitled to visit his shrine on the Revathy star day during the Pagalpathu festival, based on the long-standing religious customs and usage. The court emphasized the need to promote communal harmony between the two sects worshipping Lord Ranganatha in the temple.
Issues: The main issue was whether the Baktha Vigraha of Sri Manavala Mamunigal was entitled to visit his shrine on the Revathy star day during the Pagalpathu festival, and whether the temple authorities were justified in allowing the procession based on historical religious practices.
Ratio Decidendi: The court relied on the historical background and religious customs followed by the Vadakalai and Tenkalai sects in celebrating the Pagalpathu and Rapathu festival in the temple. It emphasized the importance of promoting communal harmony and respecting long-standing religious practices.
Final Decision: The court dismissed the writ petition and found no reason to interfere with the order passed by the Commissioner of HR & CE in R.P. No.11/07. The connected miscellaneous petitions were closed, and there was no order as to costs.
This is yet another round of litigation between the two sects of Vaishnavites – Vadakalai and Thenkalai. An interesting question of religious importance has arisen whether the Baktha Vigraha of Sri Manavala Mamunigal is entitled to visit his shrine on the Revathy star day also?
2. Before proceeding into the messy issue, it is vital to know the background of this case so as to reach a fair conclusion on the issue.
A festival by name Pagalpathu and Rapathu is being celebrated for 10 days in the Arulmigu Devarajaswami Thirukkoil in Kanchipuram. The first 10 days prior to Vaikunda Ekadesi is called Pagalpathu and the next 10 days starting from Vaikunda Ekadesi is called Rapathu and the entire festival, namely, Pagalpathu and Rapathu is collectively called Adhyayana Uthsavam. The method of celebrating Pagalpathu and Rapathu has been explained by the HR & CE Board in its proceedings concluded in O.A. No.332/1941.
According to the petitioner, who belongs to Vadakalai community, the Baktha Vigraha of Sri Manavala Mamunigal is entitled to visit his shrine on the day of his Thirunakshatram, i.e., monthly star Moolam. On the other hand, the case of Tenkalai community is that the Baktha Vigraha of Sri Manavala Mamunigal can be taken out to his shrine on the Revathy star day, which is opposed by the Vadakalai community.
3. Mr.R.Parthasarathy, learned senior counsel appearing for the petitioner submits that the Baktha Vigraha of any Alwar and Acharya should not be taken out on a day other than the day on which the birth star of the respective Alwars and Acharyas fall and if the star Moolam is intervening during the said period of Pagalpathu festival, which is the star of Sri Manavala Mamunigal, the Baktha Vigraha of Sri Manavala Mamunigal will be taken down to its shrine and after completion of the rituals, the said Vigraha will be brought back to the Moolasthanam of Sri Devaraja Swami on the same day itself. The same practice has been in vogue from time immemorial till 1941 and after 1941, at the instigation of the Tenkalai community, the Executive Trustee of Arulmigu Devarajaswami Thirukoil and its Maniakarar are trying to take out the Baktha Vigraha of Sri Manavala Mamunigal on the day of the Revathy star contrary to the well established customs that was followed for about ages and, unfortunately, the Commissioner of HR & CE has modified the long standing religious customs and usage that was followed for several decades. Therefore, the petitioner filed a civil suit in O.S. No.139/2006 on the file of the Subordinate Judge, Kanchipuram, seeking an injunction to restrain the respondents, namely, the Executive Trustee and Maniakarar of Arulmigu Devarajaswami Tirukoil and P.V.S. Sampath from in any way taking the Baktha Vigraha of Sri Manavala Mamunigal every year to its the shrine during the Pagalpathu festival on any other day other than the monthly star of Moolam, more particularly on the Revathy monthly star.
The learned Sub Judge, having seen the chequered history behind the prayer made by the parties to the suit, came to the conclusion by issuing a direction to the petitioner to approach the Assistant Commissioner/Executive Trustee of Arulmigu Devaraja Swami Thirukkoil for necessary relief in the light of the direction given by the Commissioner in his order dated 3rd Nov., 2006.
4. Pursuant to the order passed by the Sub Court relegating the parties to approach the Assistant Commissioner/Executive Trustee, the parties approached the Assistant Commissioner/Executive Trustee. As per the directions issued by the learned Sub Judge, Kanchipuram, the Assistant Commissioner/Executive Trustee passed an order directing that no festival is to be conducted on the Revathy star day. After the order passed by the Assistant Commissioner/Executive Trustee prohibiting festivals on Revathy star day, in the year 2004-2005, the 3rd respondent, Perumal Koil Thennacharya Dharsana represented by its Secretary, did not agitate over the same.
5.
