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2023 Supreme(Mad) 710
HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Dr. Bala Sarveswara Gurukkal - Appellant
Versus
The District Collector, Pondicherry (Union Territory) & Others - Respondents
W.P. No. 10259 of 2023 & W.M.P. No. 10253 of 2023
Decided On : 31-03-2023
For the Petitioner:C. Bhargavi, Advocate. For the Respondents: R1 to R3, Dr. B. Ramaswamy, Additional Government Pleader.
The court emphasized the importance of implementing court and government orders and ensuring the proper execution of religious practices as per the Agamas.
Headnote:
Agamas - Temple Management - [Article 226 of the Constitution of India, Saiva Agamas] - The court discussed the violation of court orders and Agamas by the temple management in conducting the annual temple festival, emphasizing the importance of implementing court and government orders and ensuring the proper execution of religious practices as per the Agamas.
Fact of the Case:
The petitioner, a reputed Sanskrit scholar and descendant of Temple Priests, filed a writ petition to direct the temple management to comply with court orders and Agamas in conducting the annual temple festival. The temple management was found to be violating the orders consistently.
Finding of the Court:
The court directed the temple management to follow the directives issued by the court and the government, ensuring the proper execution of the festival as per the Agamas. It also warned of necessary legal actions if the orders were not implemented.
Issues: Violation of court orders and Agamas by the temple management in conducting the annual temple festival.
Ratio Decidendi: The importance of implementing court and government orders, ensuring the proper execution of religious practices as per the Agamas, and the authority of Agamas in guiding the conduct of religious activities.
Final Decision: The court directed the temple management to comply with the orders and Agamas, with a warning of legal actions if the directives were not followed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd respondents to issue appropriate orders to the 4th to 8th respondents to act in accordance with the order dated 04.03.2023 passed by this Court in W.P.No.4945 of 2022 in the light of orders of 2nd respondent dated 08.03.2019 and 24.03.2023.)
1. The present writ petition has been filed to direct the respondents 1 to 3 to issue appropriate orders to the respondents 4 to 8 to act in accordance with the order dated 04.03.2022 passed by this Court in WP No.4945 of 2022 in the light of the orders of the second respondent dated 08.03.2022 and 24.03.2023.
2. The petitioner states that he has come from lineage of Temple Priests, Sivacharya Archakas. The petitioner is the reputed Sanskrit Scholar having Expertise in matters involving Temple Agamas. The petitioner states that he is the recipient of Ph.D., in Sivagama from the Pondicherry University in the year 2009.
3. The Sri Kailaasanathar Temple is an ancient temple consecrated as per Saiva Agamas and managed by the fourth respondent herein. Brahmotsavam or the Panguni Uthiram festival is the flagship festival of the temple, which is to be celebrated for 10 years during the Tamil month of Panguni every year.
4. The petitioner states that he is the native of Karaikkal and sponsor for the eighth day of Brahmotsavam, the annual temple festival held at the Kailaasanathar Temple, which is managed and conducted by the fourth respondent. Admittedly on all 10 days of the festival, the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are taken out on procession around the temple.
5. Agamas are treatises lay down the separate theological disciplines and doctrines on matters pertaining to matters like construction of temples, installation of idols and conduct of worship of the Deity. Agamas guide the faithful, who are moved by their devotion to the Supreme God to worship one of their manifestations. The Authority of Agama is judicially recognised in several precedents.
6. The grievance of the petitioner is that despite the orders of this Court and the orders passed by the Government of Puducherry implementing the judicial orders, the respondents 4 to 8 are violating the orders consistently by not carrying out the orders in its letter and spirit.
7. As per the Agamas and orders passed by this Court, which was implemented by the Government of Puducherry on all the 10 days of the Panguni festival, the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are taken out on procession around the temple for worship by the devotees.
8. However, the learned counsel for the petitioner states that such a procedure has not been followed by the respondents 4 to 8 in violation of the Court orders and the orders of the Government and also contrary to the Agamas. The photographs produced before this Court reveals that on the first, ninth and tenth days alone, all the three idols are shown to the devotees in a single pedestal and for the remaining days, the said procedures have not been followed. The respondents 4 to 8 have taken unilateral decision in violation of Agamas and in violation of the orders of the Court and the Government Orders.
9. When the matter was taken up for hearing today during morning session, this Court directed the learned Additional Government Pleader (Pondicherry) to get instructions. The learned Additional Government Pleader, appearing on behalf of the respondents 1 to 3, on instructions, today at 02.30 P.M., made a submission that the Government passed an order implementing the directions issued by this Court and even today i.e., on 31.03.2023, the Government of Pondicherry passed an order categorically stating that all the the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri
