The main legal point established in the judgment is the requirement to adhere to principles of natural justice and provide notice to affected parties before issuing directions or circulars that may affect their rights.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 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 consisting the first respondent and the District Collector of Tuticorin District to streamline the administration of Sri Subramaniya Swamy Temple, Tiruchendur, Tuticorin District.

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No. 30738/2018/Z3 dated 01.04.2022 and quash the same as illegal.)

Common Order:

G.R. Swaminathan, J.

1. The shore-town of Tiruchendur is one of the important pilgrim centres of India. Lord Subrahmanya, popularly known as Muruga, is its presiding deity. The temple is one of the six abodes of Lord Muruga. It has been celebrated in Sangam literature. Since it is a public temple, it has been brought under the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Department. The Executive Officer of the temple is in the rank of a Joint Commissioner.

2. A set of persons known as Thirisuthanthirars have been associated with the temple from time immemorial. Tirunelveli District Gazetteer of the year 1911 refers to them in the following terms :

“The Mukkani Brahmans, of whom there are probably not less than a thousand in Tiruchendur, stand in a peculiar relationship to the Subramanya temple. When founding the place, the God Subramanya set up 2,000 families of this case to attend to the services of the temple, a duty which they have ever since faithfully performed. Their functions consist mainly in making offerings and performing religious ceremonies-kattalais such services are called on behalf of absentee worshipers. Distinguishable by their topknots of hair, which, very much like the malayalis, they train to fall above their foreheads, they may be seen journeying in almost any part of the country, either to collect subscriptions for the temple festivals or fees from their tardy patrons. There is no doubt that the business is remunerative; they are generally well to do and lead a comfortable existence.”

Cases were filed by individual Thirisuthanthirars for enforcing their claims before the authorities constituted under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “the Act”). On more than one occasion, matters were taken right up to the Hon'ble Supreme Court of India. Registered societies have been formed to espouse their collective interest. One such body has filed O.S No.157 of 2017 on the file of the Sub-Court, Tiruchendur (earlier O.S No.23 of 2013 on the file of the Sub-Court, Tuticorin) for declaring that they are a denominational community and that they are entitled to perform the schedule mentioned religious services in the temple and that they should not be restrained from carrying them out. Written statement has been filed and the suit is still pending.

3. One Thiru.R.S.Kalyanasundaram, the petitioner in WP(MD)No.11817 of 2018 claiming to be a devotee and a regular visitor to this temple alleged that the Thirisuthanthirars (though he does not specifically name them) are illegally interfering with the rights of the worshipers. He sent a complaint dated 29.05.2018 through registered post to the Commissioner, HR&CE, Chennai and the Executive Officer of the temple calling for streamlining the administration. On the very next day, he filed a writ petition for directing the respondents to introduce biometric device to mark and record the entry of the staff appointed by the department and to reform the temple administration.

4. The writ petition was listed for admission on 01.06.2018 before the Hon'ble Division Bench comprising the Hon'ble Mr.Justice M.V.Muralidaran and the Ho