The main legal point established in the judgment is the validity of the age of retirement for Archakas and the abolition of hereditary rights of Archakas by an Amendment Act.

1. The writ petitioner claiming to be an Archakar of Arulmighu Devanathaswamy Temple at Thiruvandipuram in Cuddalore District has come forward to file the present writ petition, seeking to challenge an order of the second respondent, i.e., Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Cuddalore, dated 19.04.2012 and seeks to set aside the same with consequential direction not to interfere with the functioning of the petitioner as Sthanic / Archaka of the said temple.

2. When the matter came up on 24.04.2012, this court directed the counsel for respondents to get instructions. Accordingly, on behalf of respondents, learned Advocate General appeared. Heard the arguments of Mr.T.V.Ramanujam, learned Senior Counsel leading Mr.C.Umashankar, learned counsel for petitioner and learned Advocate General assisted by Mr.S.Kandaswamy, learned Special Government Pleader (HR&CE Department) and Mr.M.Sundar, learned counsel appearing for the second respondent.

3. By the impugned order, dated 19.04.2012, the Thakkar (fit person of the temple) informed the petitioner that since the petitioner has crossed the age of 60 years and also gave room for several complaints, he was relieved from duty by the Thakkar on 18.04.2012. He was directed to hand over the charge to one Narasimha Battachariar. But since there was also complaint against the said Narasimha Battachariar, it may not be proper to entrust the work to him. Therefore, the order dated 18.04.2012 was cancelled and a revised order dated 19.04.2012 was issued. By the revised order, the petitioner was relieved from duty with effect from 19.04.2012. Further, Narasimha Battachariar, S/o.Neelamega Battachariar and one Venkatakrishnan, S/o.Narasimha Battachariar were directed not to interfere with the temple poojas. The petitioner was directed to hand over costly jeweleries and clothes as well as offerings received from devotees to one Dwarakanada Battachariar. The said Dwarakanada Battachariar was directed to take over the charge from the petitioner until further order. After taking charge, the list of charge handed over and charge taken were directed to be handed over to the executive Officer of the temple.

4. In the earlier order dated 18.04.2012, it was stated that the petitioner had crossed the age of 60 years and there was no scope for employing such people as a worker of the temple. In fact, the petitioner had reached the age of 80 years. Hence he was retired from service in public interest. It was this order which was revised subsequently which became the subject matter of challenge in the writ petition.

5. According to the petitioner, he is the Stanika Archakar of the temple for the past 70 years. His father and forefathers were Archakars. Traditionally the petitioner's family has right to perform poojas and stanikam services in the temple without any payment.

When a dispute arose between his grand father and the management committee of the temple with reference to installation of Hundial inside the temple by the temple management committee, a suit was filed before the District Munsif Court, Cuddalore being O.S.No.868 of 1896. The said suit had ended in favour of the petitioner's grand father. The temple management instead of enhancing the revenue of the temple started to put some spokes to the earlier order passed by the court. The Archakas in the temple were threatened not to collect any offerings from the devotees. The devotees were prevented from giving offerings in the Archakas plates and cups on it. The HR&CE Commissioner had filed O.P.No.88 of 1951 on the file of the Sub judge, Cuddalore to set aside the scheme framed for administering the temple, which was earlier settled in O.S.No.6 of 1930. On 13.04.1955, a scheme was formulated and modified. The said scheme was challenged by the HR&CE Commissioner in Appeal No.265 of 1955. By a judgment dated 3.3.1957, the scheme was modified with reference to collection of offerings in the plates an