The main legal point established in the judgment is the authority of the temple trustees to regulate the usage of mobile phones inside the temple premises to maintain religious sanctity and security.

ORDER :

(R. Mahadevan, J.)

1. The petitioner has filed this writ petition in the nature of public interest litigation, seeking to issue a Writ of Mandamus directing the respondents to take effective measures to prohibit the possession and usage of android cell phones inside the premises of Arulmigu Subramaniya Swamy Temple, Tiruchendur, Thoothukudi District.

2. In the affidavit filed in support of this writ petition, the petitioner has stated that Sri Subramaniya Swamy Temple, Tiruchendur is one of the six abodes of the deity Lord Muruga, which is thronged by devotees in large numbers. For the purpose of offering poojas, there are three groups of Archagars in the temple viz., (i)Pothies (ii)Sivachariyars and (iii)Thiri Sudhanthirargal. The petitioner is one of the Thiri Sudhanthirargal serving in the temple. It is further stated that the second respondent permits free dharshan at a specified time, besides worship on payment. Since the subject temple is an ancient temple, for free and peaceful dharsan, the usage of camera to videograph or photograph the Deeparthanai, Poojas and other rituals in the temple, including the idols therein is a hindrance. However, now-a-days all the devotees are in possession of mobile phones and they take photographs or videographs within the premises of the temple, without any restrictions. Taking photographs of the valuable idols is not only contrary to the Agama Rules, but also endangers the security of the temple and its valuables, according to the petitioner. The staff of the temple finds it as a mammoth task to prohibit or prevent the devotees from either taking photograph or videograph of the deity, idols or other rituals. It is the apprehension of the petitioner that there are probable opportunities for taking photographs of women devotees, without their consent, which will be misused. Pointing out the same, the petitioner submitted a representation dated 21.09.2022 to the respondents requesting to impose a ban on possessing and using the mobile phones inside the premises of the temple, but the same has not been considered till date. Therefore, the petitioner is before this court with the present public interest litigation.

3. Citing the prohibition and the procedure adopted in Arulmigu Meenakshi Sundaraswarar Temple, Madurai, the learned counsel for the petitioner submitted that the respondents may be directed to take action by prohibiting the possession and usage of the cell phones inside the premises of the temple as a measure of protecting the religious sanctity and safety. The learned counsel further submitted that in Arulmigu Meenakshi Sundaraswar Temple, Madurai, separate locker rooms are provided outside the temple, where the cell phones of the devotees will be kept until they offer prayers to the presiding deity and come back after dharshan. Hence, the learned counsel prayed for appropriate direction to the respondent authorities to follow the same in the subject temple as well.

4. On the above submissions, we have heard the learned counsel appearing for the respective respondents.

5. The subject temple viz., Arulmigu Subramaniya Swamy Temple, Tiruchendur, as described by various texts, is one of the six abodes of Lord Muruga. It is an ancient temple situated on the shores of Bay of Bengal. Unlike other temples, it was built by three holy saints and the sanctum sanctorum of the same is below the ground level. The 133 feet Rajagopura situated in the western gate, is an architectural excellence of the temple. Normally, thousands of people visit the temple every day and the same increases during the special days / festive times, viz., Vaikasi Visagam, Avani Festival, Skanda Sasti, Masi Festival, etc. During that time, the temple authorities face difficulties in handling the devotees / public who visit the temple for dharshan.

6. It is the grievance of the petitioner that using cell phones by the people / devotees inside the premises of the subject temple, causes inconvenience to others and af