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2023 Supreme(Online)(MAD) 33625
MADRAS HIGH COURT
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
S.Suriya Kannan – Appellant
Versus
Arangavalar Kuzhu – Respondent
WP/648/2023
The court cannot interfere with the day-to-day rituals of a temple, including the date of Kumbabishegam, as it is within the exclusive domain of the Devasthanam.
Headnote:
RELIGIOUS PRACTICES - KUMBABHISHEGAM - DATE CHANGE - COURT JURISDICTION - [The court held that it cannot interfere with the day-to-day rituals of a temple, including the date of Kumbabishegam, as it is within the exclusive domain of the Devasthanam. The court further held that such issues should be looked into by pandits, scholars, or advisors in accordance with temple customs and established practices.]
Fact of the Case:
The petitioner, a devotee of Arulmigu Thandayudhapani Swami Temple, Palani, filed a writ petition challenging the notification issued by the temple announcing the dates for Yagna and Kumbabishegam. The petitioner contended that the date of Kumbabishegam should be changed as it would interfere with the celebration of the Thaipoosam festival, which falls during the mandala pooja period after Kumbabishegam. The petitioner argued that celebrating Thaipoosam during the mandala pooja would violate Agama Rules and the fundamental rights enshrined under Articles 25 and 26 of the Constitution of India.
Finding of the Court:
The court held that the petitioner had not substantiated his claim with any fact or law and that the right to freedom of practice and propagation of religion is subject to public order, morality, and health. The court further held that the procedure of conducting rituals is in the exclusive domain of the Devasthanam and cannot be a matter of adjudication by any court unless it affects the secular or civil rights of others.
Issues: 1. Whether the court can interfere with the day-to-day rituals of a temple, including the date of Kumbabishegam?2. Whether the celebration of Thaipoosam during the mandala pooja period after Kumbabishegam would violate Agama Rules and the fundamental rights enshrined under Articles 25 and 26 of the Constitution of India?
Ratio Decidendi: 1. The court held that it cannot interfere with the day-to-day rituals of a temple, including the date of Kumbabishegam, as it is within the exclusive domain of the Devasthanam.2. The court further held that such issues should be looked into by pandits, scholars, or advisors in accordance with temple customs and established practices.
Final Decision: The writ petition was dismissed.
W.P.No.648 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.648 of 2023
S.Suriya Kannan
..
Petitioner
Vs.
1. Arangavalar Kuzhu
Shri Arulmigu Thandayudhapani Swami Temple
Palani, Tamil Nadu 642 601.
2. Joint Commissioner
Shri Arulmigu Thandayudhapani Swami Temple
Hindu Religious & Charitable Endowments
Palani
Tamil Nadu 642 601.
3. The Commissioner
State of Tamil Nadu
Hindu Religious and Charitable Endowments
119, Uthamar Gandhi Road
Chennai 600 034.
4. State of Tamil Nadu
Through the Principal Secretary of HR & CE Department
Secretariat, Fort St. George
Chennai 600 009.
..
Respondents
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W.P.No.648 of 2023
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a writ of Certiorarified Mandamus calling for the
notification dated Nil passed by the first respondent in respect of
performing
"Maha-kumbhabishegam"
in
Shri
Arulmigu
Thandayudhapani Swami Temple, Palani and quash the same and
consequently, directing all the respondents to change the date of
Maha-kumbabishegam after "Thaipoosa Thiruvizha" which is on
06/02/2023.
For the Petitioner
: Mr.S.Suriya Kannan
Party in Person
For the Respondents
: Mr.R.Bharanidharan
Special Government Pleader
for Respondent-1
Mr.R.Shunmugasundaram
Advocate General
Assisted by
Mr.N.R.R.Arun Natarajan
Special Government Pleader
for Respondents 2 to 4
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed challenging the notification
issued by Arulmighu Thandayudhapani Swami Temple, Palani,
announcing the dates for yagna and Kumbabishegam.
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W.P.No.648 of 2023
2. According to the petitioner, Kumbabishegam of a temple has
to be done only as per the Agama Rules. But, the respondent
Department is planning to conduct Kumbabishegam of Shri Arulmigu
Thandayudhapani Swami Temple, Palani, on 27.01.2023, against the
Hindu Dharma, by not following the Agama Rules. As per Agama
Rules, after Kumbabishegam, mandala pooja has to be conducted for
48 days continuously. During the mandala pooja, no other festival can
be celebrated as it would interfere with the Kumbabishegam.
3. The festival of Thaipoosam falls on 05.02.2023. If it is not
celebrated in view of mandala pooja and Kumbabishegam, lakh of
devotees coming on pilgrimage to Palani Temple would be
disappointed and at the same time, if it is celebrated, mandala pooja
would be interrupted. In order to avoid it, the date of Kumbabishegam
has to be changed. Hence, the petitioner has come up with this writ
petition.
4. The petitioner, appearing in person, contended that during
the mandala pooja after Kumbabishegam, celebrating Thaipoosam
festival, would amount to violation of fundamental rights enshrined
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W.P.No.648 of 2023
under Articles 25 and 26 of the Constitution of India and also Agama
Rules. Therefore, the notification announcing the date of
Kumbabishegam is liable to be quashed.
5. The petitioner contended that celebration of Thaipoosam
festival in the middle of mandala pooja, after Kumbabishegam, is in
violation of Agama Rules. He has not produced any document or
written opinion from any expert or religious leader, in support of his
claim, though he stated that he got clarification from Erode Adheena
Thalamai Shivachariyar Shri Balaji Shivam to that effect.
6. The petitioner, in support of his contention, relied on Article
25 of the Constitution of India, which reads as under:
"25. Freedom of conscience and free profession, practice
and propagation of religion:
(1) Subject to public order, morality and health and to the
other
