( 1. ) WHETHER the request of the original plaintiff and his legal representatives who are the present respondents 2 to 4, are entitled to have the deity of Sri Andal (Nachiar Koil at Srivilliputhur) to stop at the plaintiff's Mandapam to receive honours on return from Thirumukkulam (Temple Tank) at Srivilliputhur after the Ennaikappu festival held during the month of Margazhi? and WHETHER such honour is matter of right and whether if any civil / customary or religious rights of the plaintiffs were infringed by the action of the temple administration? are the broad questions that have come up for consideration in this Second Appeal filed by the Executive Officer of Sri Nachiar Devasthanam, Srivilliputhur.

( 2. ) BEFORE proceeding to deal with the issues raised in this second appeal, for an easy understanding of the concepts relating to religion, denominated rights, idol worship, Vaishnavism, Agamas, Vaikhanasa agama, the history of the Srivilliputhur Temple, the story of Sri Andal and the Sampradayams followed in that temple are briefly described below.

The word "religion" has not been defined in the Constitution and it is a term which is hardly susceptible of any rigid definition. Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress. (Ref. : AIR 1954 SC 282)

( 3. ) THE words "religious denomination" in Article 26 of the Constitution must take their colour from the word "religion" and if this be so, the expression "religious denomination" must also satisfy three conditions:

"(1) It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conducive to their spiritual well-being, that is, a common faith; (2) common organisation; and (3) designation by a distinctive name." (Ref.:(1983) 1 SCC 51)

( 4. ) HINDUS believe that worship consists of four forms, of which idol worship is one such form. The consecration of idol should be done by the priest according to elaborate and complicated rituals accompanied by chanting of mantras and devotional songs appropriate to the Deity. Hindu worshippers believe that the divine spirit has descended in the Deity's images and if efficacy and power of the Lord are transmitted into the Deity, the image of the Deity becomes fit to be worshipped. Rules have been provided to conduct periodical or daily worship for securing continuance of the divine spirit in the image. The purpose of the temple is to provide opportunity for public worship of the Deity. When congregation of worshippers participate in the worship, a particular attitude of aspiration of devotion gets developed and confers great spiritual benefit.

According to Hindu belief, worship of God is of four kinds, viz., Japa - chanting Gayatri mantras (shloka) or Asthakshara; Homa -- giving oblation into the fire; Archana -- worship of God in the form of idol in the temple; and Dhyana -- concentration on God alone. Of these four, Archana gained an established form of worship in temple.

( 5. ) THE Bhagwad Gita indicates this explicitly in the following slokas: Ye yatha mam prapadyante tastathaiva bhajamyaham. mama vartmanuvartante manusyah partha sarvasah [In whatever way men identify with Me, in the same way do I carry out their; men pursue my path, in all ways.] (Bh. G. IV.11