The central legal point established in the judgment is the authority of the trustee to appoint and allocate archakars as per Section 55(1) of the Act, and the inalienability of hereditary religious rights for pecuniary consideration.

JUDGMENT

(Prayer in W.P.(MD) No.17951 of 2017: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling of the entire records pertaining to the issuance of the impugned proceedings Na.ka.No.A2/486/2012, dated 10.08.2017 by the third respondent and quash the same and to forbear the respondents herein not to interfere with the functioning of the petitioner as Sthanic Archaka between the 16th to 20th day of every English Calendar Month in Arulmigu Mangalanathasamy Temple Situate at Thiru Uthirakosamangai, Ramnad District.)

W.P.(MD) No.5246 of 2019:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to allow the petitioner to perform Pooja, as an Archagar at Arulmigu Mangalanathaswamy Temply, Thiru Uthiragosamangai, Ramnad District following the proceedings of the 3rd Respondent dated 28.07.1999 and 11.04.2004.)

W.P.(MD) No.17951 of 2017 has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the issuance of the impugned proceedings in Na.ka.No.A2/486/2012, dated 10.08.2017 by the third respondent and quash the same and to forbear the respondents herein not to interfere with the functioning of the petitioner as Sthanic Archaka between 16th to 20th day of every English Calendar Month in Arulmigu Mangalanathasamy Temple Situate at Thiru Uthirakosamangai, Ramnad District.

2. W.P.(MD) No.5246 of 2019 has been filed for issuance of a Writ of Mandamus, directing the respondents to allow the petitioner to perform pooja as an Archagar at Arulmigu Mangalanathaswamy Temple, Thiru Uthiragosamangai, Ramnad District following the proceedings of the third respondent dated 28.07.1999 and 11.04.2004.

3. The issue involved in these writ petitions are one and the same, these Writ Petition are taken up together for final disposal.

4. The contention of the petitioners is that they are the Herediatry archarkars in Arulmighu Mangalanathasamy temple situated at Thiru Uthirakosamangai, Ramnad District from the year 1967. The third respondent is the Hereditray Trustee of the said temple. The said temple consists of four principal Dieties viz., Mangalanathaswamy, Mangalanayagi Ambal, Natarajan and Sahasaralingam respectively. Originally the temple rituals and pooja for the Presiding Dieties were conducted by M/s. Pichumani Gurukal, Mangaleswara Gurukal, Mylsami Gurukkal and Chellappa Gurukal alone till the year 1955. The above mentioned Gurukals were performing their duties in turns amongst the said prinicipal deities for a period of 10 days each. One of the Gurukal, namely, Sivaswamimangaleswara Gurukal through his wife Saraswathi had two sons namely Adichidambara Gurukal and Chandrasekara Gurukal and through his second wife he had two sons namely Devendra Gurukal and Bageeratha Gurukkal. After the demise of Sri Sivaswamimangaleswara Gurukkal his son Adhichidambara Gurukal took over the said assignment along with brother and step brothers. Thereafter, Adhichidambara Gurukal could not continue to perform pooja due to his old age and his sons viz., the petitioner along with his three brothers had been performing the poojas in the place of their father by sharing their father’s turn amongst themselves. This being so, on 22.02.1967, the Bagreetha Gurukal relinquished his right of performing pooja in the temple mentioned above vide a relinquishment deed bearing No.10/1967 on the file of the Sub Registrar, Keezhakarai. On the representation from the said Adhichidambara Gurukkal, the Administrative Secretary of the Ramanathapuram Kingdom, the hereditary trustee of the temple, vide his proceedings in ROC No.1/2981/67 dated 02.03.1968 had directed Devendra Gurukkal to hand over 1 1/8 days share of Bagreetha Gurukal's right of performing pooja in the temple to Rajamani Gurukal. Thereafter, the Rajamani Gurukal along with his brothers and father had been in enjoyment of Bagreetha Gurukal’s slot. Du