ORDER :

T.Raja, J.

Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the respondents to perform all the rituals in accordance with Agamas including the Mandalabishekam in the fourth respondent Pazhani Sri Dhandayuthapani Swamy Temple, pursuant to the Kumbabhishekam performed on 27.01.2023 as per the Agamas and consequently, forbear the respondents from performing a truncated or namesake Mandalabishekam contrary to the established practices followed in Agama Temples and in violation of Rule 9 of the Rules under the Tamil Nadu Temple Entry Authorisation Act, 1947, Sections 28, 105(a) and 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Articles 25, 26 and 29(1) of the Constitution of India.

Mr.T.R.Ramesh, claiming to be the President of Indic Collective Trust and Temple Worshippers Society, has filed this writ petition seeking for issuance of a mandamus directing the respondents to perform all the rituals in accordance with Agamas including the Mandalabishekam in the fourth respondent Pazhani Sri Dhandayuthapani Swamy Temple, pursuant to the Kumbabhishekam performed on 27.01.2023 as per the Agamas and consequently, forbear them from performing a truncated or namesake Mandalabishekam contrary to the established practices followed in Agama Temples and in violation of Rule 9 of the Rules under the Tamil Nadu Temple Entry Authorisation Act, 1947, Sections 28, 105(a) and 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Articles 25, 26 and 29(1) of the Constitution of India.

2. Mr.P.Valliappan, learned Senior counsel appearing for the petitioner submitted that the fourth respondent Pazhani Sri Dhandayuthapani Swamy Temple, is one of the most ancient temples in Tamil Nadu. The deity Pazhani Murugan is also known as “the diety” of the Tamil Land. The temple was constructed in accordance with the Agamas and every ritual needs to be performed for the deity and the temple should be in strict compliance with such Agama. Temple existing in its foothill is also known as Tiruavinankudi, which is the third Padai Veedu of Lord Murugan and situate at Pazhani Hills at an elevation of 1500 feet above the sea level. The deity of Pazhani is known as Dandayudhapani Swami. The Moolavar deity worshiped at the sanctum sanctorum is made out of an amalgam of nine poisons popularly called Navabashana. Lord Murugan is the son of Lord Shiva and son-in-law of Lord Vishnu. He has other names such as Kulandaivelan, Balasubrahmanyan, Shanmukhan, Devasenapati, Swaminathan, Vallimanalan, Devayanaimanalan, Palaniandavar, Kurinjiandavar, Arumugan, Saravanan, Sevarkodiyon, etc. Lord Murugan of Pazhani Temple is being worshiped by crores of people living across the world such as Tamils, Keralities, Sri Lankans, Malaysians, Fijians, etc.

3. Continuing further, learned Senior counsel submitted that recently, the temple administration of the fourth respondent at the instance of the Tamil Nadu Hindu Religious and Charitable Endowments Department took a decision to conduct Kumbabhishekam and the same was performed on 27.01.2023. The previous Kumbabhishekam in Pazhani Temple was performed on 03.04.2006 and as per the Agamas, within 12 years, Kumbabhishekam has to be performed. However, the temple administration failed to perform the Kumbabhishekam within such period and on the other hand, fourth respondent temple was consecrated by performing Maha Kumbabhishekam on 27.01.2023, for which the temple was also renovated hurriedly. As per the Agamas, Mandalaabhisekham should be performed continuously for 48 days following Kumbabhishekam and restricting the Mandalaabhisekham prior to completion of 48 days is against the established religious custom and practice. The devotees would come to the temple on all the 48 auspicious days as they would get the same blessings as if they had been there on the day of Kumbabhishekam. But, without any rhyme