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G. R. SWAMINATHAN
K. Karthick – Appellant
Versus
State of Tamil Nadu, Rep. by Secretary to Government, Tourism, Culture and Religious Endowments Department – Respondent
ORDER :
[Common Prayer : Writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent temple dated 12.08.2021 resulting in the appointment of the 5th respondents as Archakas in the 4th respondent temple and quash the same and consequently direct the respondents 1 to 4 to confirm petitioners' services as Archakas in the 4th respondent Temple.]
The proceedings dated 12.08.2021 issued by the Fit Person of Arulmighu Subramaniya Swamy Thirukoil, Kumaravayalur, Srirangam Taluk, Trichy is under challenge in both these writ petitions. Vide impugned proceedings, the Fit Person had appointed Thiru.K.Kailash, S. Prabu and S. Jayabalan to the post of Archakar in the said temple. The appointments of S. Prabu and S. Jayabalan have been questioned by the petitioners herein. Notification dated 06.07.2021 was issued calling for applications from eligible persons for filling up the vacancies that had arisen in various posts including the three posts of Archakar. The petitioners herein applied in response thereto. However, they were not selected. In the meanwhile, the impugned appointment order came to be i
The appointment of an Archaka is a secular act and hence, the hereditary right cannot be claimed.
The appointment of Archakas in temples constructed as per Agamas shall be governed by the Agamas and not by the Rules framed by the State Government.
Continuity of worship must be preserved during administrative inquiries, and appointments should be respected unless compelling irregularities are proven.
The court ruled that the administrative authority exceeded its jurisdiction in determining hereditary rights, necessitating resolution by the Endowments Tribunal as per Act 30 of 1987.
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