ORDER :

T. RAJA, J.

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the notification dated Nil passed by the first respondent in respect of performing "Maha-kumbhabishegam" in Shri Arulmigu Thandayudhapani Swami Temple, Palani and quash the same and consequently, directing all the respondents to change the date of Maha-kumbabishegam after "Thaipoosa Thiruvizha" which is on 06/02/2023.

This writ petition has been filed challenging the notification issued by Arulmighu Thandayudhapani Swami Temple, Palani, announcing the dates for yagna and Kumbabishegam.

2. According to the petitioner, Kumbabishegam of a temple has to be done only as per the Agama Rules. But, the respondent Department is planning to conduct Kumbabishegam of Shri Arulmigu Thandayudhapani Swami Temple, Palani, on 27.01.2023, against the Hindu Dharma, by not following the Agama Rules. As per Agama Rules, after Kumbabishegam, mandala pooja has to be conducted for 48 days continuously. During the mandala pooja, no other festival can be celebrated as it would interfere with the Kumbabishegam.

3. The festival of Thaipoosam falls on 05.02.2023. If it is not celebrated in view of mandala pooja and Kumbabishegam, lakh of devotees coming on pilgrimage to Palani Temple would be disappointed and at the same time, if it is celebrated, mandala pooja would be interrupted. In order to avoid it, the date of Kumbabishegam has to be changed. Hence, the petitioner has come up with this writ petition.

4. The petitioner, appearing in person, contended that during the mandala pooja after Kumbabishegam, celebrating Thaipoosam festival, would amount to violation of fundamental rights enshrined under Articles 25 and 26 of the Constitution of India and also Agama Rules. Therefore, the notification announcing the date of Kumbabishegam is liable to be quashed.

5. The petitioner contended that celebration of Thaipoosam festival in the middle of mandala pooja, after Kumbabishegam, is in violation of Agama Rules. He has not produced any document or written opinion from any expert or religious leader, in support of his claim, though he stated that he got clarification from Erode Adheena Thalamai Shivachariyar Shri Balaji Shivam to that effect.

6. The petitioner, in support of his contention, relied on Article 25 of the Constitution of India, which reads as under :

"25. Freedom of conscience and free profession, practice and propagation of religion:

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law--

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II: In sub clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly."

7. A reading of the above would make it clear that the right to freedom of practice and propagation of religion is no doubt guaranteed by the Constitution of India to all persons. However, it is subject to public order, morality and health, therefore, when all citizens shall have the right to profess, practice and propagate religion, it is not known as to how the petitioner can complain that the rights guaranteed under Article 25 of the Constitution of India are being violated by performing the K