The Writ Court cannot enforce civil court decrees; such rights must be pursued through civil court mechanisms, promoting peaceful coexistence between religious sects.

ORDER :

N.ANAND VENKATESH, J.

The petitioners, who belong to Thenkalai Sect, have questioned the letter dated 28.5.2024 issued by the second respondent and have sought for a direction to the respondents to ensure that services, custom and rituals pertaining to Vilakkoli Temple, which were upheld by the competent civil court and further confirmed by this Court, must be complied with and that the devotees of the Thenkalai Sect must be permitted to recite Prabhandham by leading the procession and involving the recitals of only Thenkalai Mantram and Thenkalai Vazhi Thirunamam without any interference from anyone during the procession outside the Vilakkoli Temple.

2. Heard the learned counsel appearing for the respective parties.

3. The case of the petitioners is as follows :

(i) The petitioners belong to the Thenkalai Sect of Shri Vaishnavites of Kanchipuram having Adhyapaka Mirasi rights in the Vilakkoli Perumal Sri Vedhantha Desikar Thirukoil at Kanchipuram. The Vilakkoli Temple is one of the 18 Divyadesams located in and around Kanchipuram venerated by the Vishnavites. Amongst the followers of Ramanujacharya, a division arose during 15th Century, which resulted in the devotees falling under two Sects called the Thenkalai and the Vadakalai. The Thenkalais are specialised in the study and exposition of Tamil Prabhandhams of Alwars and they consider Swami Manavala Mahamuni as their Acharya whereas the Vadakalais are specialised in the study and exposition of Sanskrit Vedas and regard and consider Swami Vedhantha Desikar as their Preceptor.

(ii) In terms of reciting Prabhandhams, the Thenkalais recite a verse in praise of their Acharya Swami Manavala Mahamuni. Thereafter, they recite Divya Prabhandham and close with benedictory verses in praise of their Acharya. The Vadakalais invoke their Saint Vedhantha Desikar and thereafter recite Divya Prabhandham and end with the benedictory verses in praise of Swami Vedhantha Desikar.

(iii) A serious dispute arose between the two Sects as to the manner, in which, the Prabhandhams had to be recited and should be adopted in the temples. The devotees of the Thenkalai Sect claim that there were several litigations right from the year 1811 onwards and ultimately, their rights got fructified by the judgment and decree dated 15.5.1915 in O.S.No.414 of 1908 on the file of the District Munsif Court, Conjeevaram (Kanchipuram). Though the judgment and decree of the Trial Court dated 15.5.1915 was reversed vide judgment and decree dated 31.3.1917 in A.S.No.443 of 1915 on the file of the District Court, Chengalpet, this Court confirmed the judgment and decree of the Trial Court and reversed the judgment and decree of the First Appellate Court vide judgment dated 18.7.1918 in C.M.A.No.221 of 1917 on the file of this Court. They also obtained a relief of declaration to the effect that the Thenkalai Mantram of Sri Sailesa Dhaya Pathram must be recited within the temple at Kancheepuram and the shrines appertaining thereto including the Vedhantha Chariyar's Shrine and during any ceremonial worship or by any Goshti.

(iv) A further declaration was granted to the effect that the Vadakalais are only entitled to join the Thenkalai Adhyapaka Goshti as worshippers by reciting the same portion of Prabhandham that is being recited by the Thenkalai Adhyapaka Mirasidars. A permanent injunction was granted by restraining the Vadakalais from reciting their own Mantrams and Prabhandhams during pooja period and also during the ceremonial worship of the shrines or other places of worship where the pooja was p