Back
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
Rama Ravikumar – Appellant
Versus
District Collector, Madurai – Respondent
The respondent argues that the site for lighting the Deepam has been traditionally near the Uchi Pillaiyar Temple for over a century, and this practice is well established (!) . They contend that the petitioners lack the legal right or interest to demand a different site, as ownership and possession of Deepathoon belong to the temple based on prior decrees (!) . The respondent emphasizes that disputes over boundaries and ownership with the Dargha require civil litigation, not writ proceedings (!) . They also suggest that the petitioners' motives may be communal and could disturb public peace (!) . Finally, the respondent asserts that the temple has the legal and customary right to decide the site for lighting, and the court should uphold these rights without infringing on other religious interests (!) .
| Table of Content |
|---|
| 1. introduction of petitions for karthigai deepam lighting. (Para 1 , 2) |
| 2. filing of counter affidavits. (Para 3) |
| 3. key question on lighting the festival lamp. (Para 4 , 5) |
| 4. counsel arguments review. (Para 6) |
| 5. opposition to lighting at deepathoon. (Para 7) |
| 6. historical context and prior disputes. (Para 8 , 9) |
| 7. findings on ownership and possession. (Para 10 , 11 , 12 , 13) |
| 8. importance of common law in disputes. (Para 20 , 23) |
| 9. rights assertion by temple management. (Para 21 , 22 , 24 , 30) |
| 10. need for protection of sacred properties. (Para 31 , 32 , 33) |
| 11. worshipper’s rights and legal standpoint. (Para 34) |
| 12. court’s ruling on the lighting of the lamp. (Para 36 , 39) |
| 13. final order on the karthigai deepam lighting. (Para 42 , 43) |
ORDER :
Rama.Ravikumar, who claims to be a devout follower of Lord Muruga applied to the Executive Officer of Arulmigu Subramania Swamy Temple, Thirupparankundram, seeking permission to light the Karthigai Deepam for this year. In response thereto, the Executive Officer of the Temple informed the petitioner that as per the established custom of the temple, Karthigai Deepam would be lit in the Deepa Mandapam near the Uchi Pillaiyar Temple
The temple management has a statutory duty to light the Karthigai Deepam at Deepathoon, confirming their rights over the site and the protection of religious customs as defined in prior judgments.
The court affirmed the right to light Karthigai Deepam at Deepathoon, emphasizing communal harmony and overriding state concerns over public order, based on established customary practices.
State officials must comply with judicial orders related to the right of worship, or face contempt proceedings.
Customary rights to access religious sites must be substantiated and adjudicated by relevant authorities, as per Section 63(e) of the Act, rather than settled in a writ petition.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
The court ruled that the Udayasthamana Pooja's status as a religious practice must be established in civil court, and the Managing Committee's decisions regarding rituals are not subject to judicial ....
The High Court refrained from granting any declaration as to who is the actual person who has a right to exercise the shebait rights or any other right relatable to the temple. The Court left open th....
The court prioritized the uninterrupted conduct of the 'khrp' festival while acknowledging ongoing disputes over temple management, emphasizing the need for peace and order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
