Mahadev Shankar J:

The Thaipusam festival held every year at Batu Caves is a world famous event. It is focussed on the shrine of Lord Murugan which was inaugurated there in 1891.

That shrine today is renowned as the Subramaniar Temple Batu Caves (hereafter referred to as the Temple). This year the Thaipusam festival will be celebrated at the Temple on 5 and 6 February. If the previous attendances are anything to go by, nearly three quarters of a million people will converge on the Temple tomorrow.

The plaintiff filed this action and applied for an interim injunction that the festival be stopped. Last week I dismissed this application and struck out this action. Today I shall say why.

In the statement of claim the plaintiff is styled as a Yogi and a Spiritualist. Annexed to his affidavit-insupport of this application is a very colourful leaflet in which he describes himself as Malaysia Athinam 293 Gurumaha Sannithaanam Thavathiru Athmananantha Adigalaar. He claims that he was so appointed by the 292nd Guru Maha Sannithanam who is the spiritual head of the Mathurai Athinam South India at an investiture ceremony held on 22 February 1987 at the Athmanantha Guru Kulam at Jalan Jelebu Seremban. It would appear from this leaflet that this establishment (hereafter referred to as the Gurukulam) is the centre of the plaintiff's operations. Here he runs what he describes as a holiday resort and health farm where he imparts yogic knowledge and cures incurable diseases in addition to rehabilitating drug addicts.

By the order of the Selangor Supreme Court in Civil Suit No. 58 of 1929 made on 28 November 1930 the Mariamman Temple, High Street, Kuala Lumpur, the Ganesar Temple, Old Pudu Road, Kuala Lumpur and the Subramaniar Temple, Batu Caves, and the property and funds thereof were constituted to be a charitable trust (the said charity) for the benefit of the Ubayakarars of the Mariamman Temple. An "ubayakarar" is a named worshipper cum donor who belongs to an associated class or group of worshippers and donors. This group is called an "Ubayam". When the Trust was originally constituted in 1930 there were 12 named groups or Ubayams who appear to have been classified rather like guilds. Thus milkmen formed one Ubayam, oil merchants another. Writer and Clerks a third and so on. More to the point these Ubayakarars were given the power to appoint the Board of Management in whom alone was vested the control and management of the Temples aforesaid.

On 25 May 1981 in Kuala Lumpur High Court Originating Summons No. A 32 of 1981 Y.A. Hashim Yeop A. Sani J. (as he then was) made an order approving a proper scheme for the future management and regulation of the said charity. By the very first Article of this order it was expressly provided that:

All feasts, festivals, ceremonies and Ubayams hereafter held or conducted in or in connection with the said Temples shall be held and conducted subject to the control and supervision of the said board of management.

By Article 20 the Board of Management was empowered to appoint a Religious Committee which was entrusted with the duty to prescribe and advise the Board of Management respecting the rites and ceremonies to be observed and performed at worship, festivals ... and other functions.

From the above it must be fully apparent that the sole prerogative of determining and conducting the rituals of worship at the Temple was vested in the Board of Management aforesaid.

The plaintiff claims that sometime in September 1992 he was requested by a section of the Indian community to pray at the Temple on 4 October 1992 "for divine intercession and guidance". He does not identify the section of the Indian community in question. Two affidavits he has filed, fully support the following findings of fact.

In a newspaper article in The Star on 29 September 1992 it was reported that a rally was to take place at the Batu Caves "this Sunday" (that is, 4 October 1992). The newspaper continues:

The meeting, called