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2018 Supreme(Mad) 1563

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.V. MURALIDARAN, T.KRISHNAVALLI, JJ.
R.S.Kalyanasundaram - Petitioner
Vs.
The Commissioner, Hindu Religious and Charitable Endowment Department – Respondent
W.P.(MD)No.11817 of 2018
Decided on : 01-06-2018q

Advocates:
Advocate Appeared:
For the Petitioner: Mr.M.Thirunavukkarasu, Adv.
For the Respondent: Mr.V.R.Shanmuganathan, Mr.M.Muthu Geethayan, Adv.

The entitlement of all Hindus to enter a temple for worship, the duty of temple administration to regulate worship and provide basic amenities, and the consideration of introducing biometric devices for staff entry.

Headnote:

Biometric Device - Temple Administration - Tamil Nadu Temple Entry Authorization Act, 1947, Section 3 - The court discussed the entitlement of all Hindus to enter a temple for worship, the rights of devotees, and the duty of temple administration to regulate entry and worship. The court also considered the introduction of biometric devices for staff entry and the provision of basic amenities in the temple.

Fact of the Case:

The petitioner sought relief to introduce a biometric device for staff entry and to reform the administration of a temple due to irregularities and illegalities committed by unauthorized persons in the worship and management of the temple.

Finding of the Court:

The court found that the unauthorized persons had caused revenue loss to the government and that the temple administration was duty-bound to provide basic amenities and regulate worship. The court also emphasized the entitlement of all Hindus to enter the temple for worship.

Issues: Irregularities and illegalities in temple worship, revenue loss, entitlement of Hindus to enter the temple, introduction of biometric devices, provision of basic amenities.

Ratio Decidendi: The court held that all Hindus are entitled to enter the temple for worship, emphasized the duty of the temple administration to regulate worship and provide basic amenities, and considered the introduction of biometric devices for staff entry.

Final Decision: The court allowed the writ petition and directed the temple administration to take various measures to regulate worship, prevent revenue loss, and provide basic amenities. The respondents were directed to comply with the court's directions and file a report on compliance.

ORDER :

M.V.MURALIDARAN, J.

That the instant Writ Petition is filed seeking the relief to direct the Respondents to introduce biometric device to mark and record the entry of the staffs appointed by the department alone and consequently order to reform the administration of the temple by forming a committee consisted of the 1st Respondent himself and the District Collector of Tuticorin District to streamline the administration of Sri.Subrmaniya Swamy Temple, Tiruchendur, Tuticorin District.

2. The case of the petitioner is that he is the resident of Rajapalayam Town, Virudhunagar District and according to the petitioner that he is a devotee of Lord almighty Murugan and he is having the habit to visit various Murugan Temples on regular intervals throughout the State. It is his specific case that he often visited Sree Subramaniya Swamy Temple, Tiruchendur on regular intervals, since in the said temple so many functions are being celebrated throughout the year. Further, the said temple is one among the six important temples in Tamilnadu for Lord Muruga i.e., Palani, Tirutani, Swamimalai, Pazhamuthirsolai, and Tiruparankundram in Madurai District and Tiruchendur and they are called as Six Padai Veedu.

3. The specific case of the petitioner is that as far as Tiruchendur is concerned, it is alone situates in the sea-shore. Further one of the famous functions is being celebrated in the temple is namely Soora Samkaram, and Sasti among other functions. Moreover thousands of devotees are visiting the temple every day from all over the country and also from foreign countries and in the important days the number of devotees who come to the temple would go even up to 50,000. As this temple is being maintained and administered by the Hindu Religious and Charitable Endowment Department and all the administration of the temple is vested with the said Department.

4. The grievance of the petitioner is that it is the practise being followed in the temple that from the entry into the temple and up to the worship are being managed and regulated by the 2nd respondent. The temple staffs appointed by the Department are the key persons to regulate the mode of worship and other formalities. Aagama rules are also playing vital role in the worship and management of the temple.

5. It is further case of the petitioner that he unfortunately and unavoidably witnessed several irregularities and illegalities committed by the unauthorized persons, who called themselves as Iyers or Poojaries. Here the petitioner has pointed out that as far the worship of the deity in this temple is concerned, there are two types of worship namely free worship and special worship by payment. As far as the worship on payment is concerned a sum of Rs.250/-, Rs.150/- and Rs.100/- is fixed by the temple as payment for the worship. It is alleged by the petitioner that though a ticket counter is there for selling of tickets for special worship, the so called Iyers, not appointed by the Department, surrounded the ticket counter and took the devotees without allowed the devotees to buy any one of the aforesaid tickets straight to the Sanctum Santorum by posing themselves as they are the persons authorised by the Department to take the devotees to the Sanctum Santorum. At the same time, the persons appointed by the temple under various category for the administration including performing poojas are not bothering about the selling and buying of tickets by the concerned staffs and the devotees respectively.

6. Further case of the petitioner is that unauthorized persons called themselves as Iyers formed a syndicate among themselves and used to stand in the entrance of the temple and transacted with the devotees to bring them to the devotees for worship. Many of the devotees came from other Districts, States and Foreign Countries, they do not aware and recognize the staffs appointed by the temple administration. At the same time the amount buying for ticket to enter into the temple was used collecte
























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