JUDGMENT :

(Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent Nos.2 and 3 to make adequate arrangements to ensure on 31.05.2018 and for all sthotrapadam occasions in future, that the age old time tested custom of recitation of stothrapadam by Tenkalais in the Stotrapada Goshti on the fifth day (Mohini Alankaram) of the Brahmotsavam, and to ensure that no other sthotram or Mantra, or any other invocation, is recited during the period, causing an insult to the Lord, in violation of established norms.)

1. The prayer sought for herein is for a Writ of Mandamus directing the respondent Nos.2 and 3 to make adequate arrangements to ensure on 31.05.2018 and for all sthotrapadham occasions in future, that the age old time tested custom of recitation of stothrapatham by Tenkalais in the Stotrapatha Goshti on the fifth day (Mohini Alankaram) of the Brahmotsavam, and to ensure that no other sthotram or Mantra, or any other invocation is recited during the period, causing an insult to the Lord, in violation of established norms.

2. The petitioner claims to be a follower of Thenkalai sect and is an ardent worshipper of Lord Varadharaja of Kanchipuram. He has moved this writ petition in order to ensure recitation of the Sthothrapadam by Thenkalaiyars Sthothrapada Goshti in the third respondent temple.

3. It is the case of the petitioner that, as per the customs which have been followed for several years, where already some judicial orders have been passed by this Court, earliest on 01.05.1882 reported in 1882 ILR 313 and the latest on 06.07.1961 made in W.P.No.1033 of 1958. Based on these decisions, it is the case of the petitioner that, every year during the 5th day of the Brahmothsavam called as Mohini Alankaram, Sthothrapadam has to be recited by the Thenkalaiyars ie., Thenkalai Sthothrapada Goshti.

4. However, it seems that the fourth respondent, which is the opposite sect of the Thenkalai people, to which the petitioner belongs, wants to recite the Sthothrapadam not by Thenkalai Sthothrapada Goshti, but the Thathacharyars.

5. Though this seems to be a dispute between the petitioners, the Thenkalai group and the fourth respondent Thathachariyars group, according to Mr.Srinivasa Raghavan, learned Senior Counsel appearing on behalf of the petitioner, the issue has already been resolved by the two orders of this Court cited by him, one in the year 1882 and subsequently in the year 1961, and therefore, based on these orders as well as the long cherished practice and custom, it should be ensured by the temple authorities i.e., the Hindu Religious and Charitable Endowments (hereinafter referred to as H.R.& C.E.,) Department that, during the fifth day of the Brahmothsavam every year, the time tested custom of Sthothrapadam is recited by the Thenkalaiyars Sthothrapada Goshti.

6. In order to get the said relief, the petitioner has given a representation to the first and second respondents on 14.05.2018 and 16.05.2018. However, according to the petitioner, the said representations have not been considered ever by the first/second respondents, which has triggered the petitioner to file this writ petition in the year 2018 and for the past three years, the writ petition has been kept pending, where notices have already been ordered and the parties have entered appearance through respective counsel.

7. In this context Mr.Niranjan Rajagopalan, learned counsel appearing on behalf of the fourth respondent has submitted that, if at all any such dispute has arisen between the Thenkalaiyars group i.e., the petitioner's group and the Thathachariyars group i.e., the fourth respondent group, that necessarily has to be resolved within the meaning of the provisions of Section 63 of the H.R & C.E., Act, 1959, especially under Section 63(e). Therefore, the said dispute can very well be referred to the Joint Commissioner concerned who can decide the same after hearing both sides on