SEKAR REPORTER

Court News from Madras High Court

Inspect all temples in tn/ order by /Sub Application (OS) No.246 of 2024 inCont. Petition No. 679 of 2024R. MAHADEVAN, J andP.D. AUDIKESAVALU, J(Order of the Court was made by R. MAHADEVAN, J)

by ·

Sub Application (OS) No.246 of 2024 in
Cont. Petition No. 679 of 2024
R. MAHADEVAN, J and
P.D. AUDIKESAVALU, J
(Order of the Court was made by R. MAHADEVAN, J)
Heard all the parties including the stakeholders and perused the materials placed before us.

  1. The present interim application has been filed by the petitioner claiming himself to be an ardent devotee undertaking pilgrimage to various temples across the State and the Country and well conversant with the issue on hand. According to the petitioner, the State of Tamil Nadu is a sacred land blessed with centuries old numerous, wonderful, architectural and culturally rich temples and stands testimony to our ancient history and hoary tradition. The rulers of this land recognized the importance of temples by constructing new ones, besides renovating the old structures. However, these heritage structures have been neglected to be maintained by the present day authorities. The temples which were once beacon of the Tamil culture, have now been ignored. The petitioner further stated that the HR&CE Department which is the custodian of these temples, has not carried out its duty properly and effectively leading to damage and destruction of many temples. It is also stated by the petitioner that some of the temples are completely dilapidated and have been taken over by nature and some are on the verge of collapse; yet, no steps have been taken by the HR&CE Department to preserve our heritage and historical temples. The petitioner further submitted that the temples’ tanks are not at all properly maintained and cleaned and the water has become unclean and is not fit to be used in the temples. The non-maintenance of temples’ tanks shows the poor state of affairs by the authorities. Vegetations in the temple structures and premises have grown because of improper maintenance resulting in damage to the structures. Pointing out all these aspects, the petitioner suggested that in order to prevent such decay and to address the said issues, the devotees / public in groups be permitted to carry out Uzhavarapani to clean the temples and their tanks and remove the vegetations in the temple structures, which will also help for their restoration. In this regard, he made various representations, lastly on 29.01.2024, to the respondents seeking permission to conduct Uzhavarapanigal in various temples across the State, but the same are pending without any consideration. Stating that the HR&CE Department has not taken any steps to address the issue of neglect and non-maintenance of the temples and has not facilitated the conduct of Uzhavarapanigal by the devotees / public and the same is in violation of the directions issued by this court vide order dated 07.06.2021 passed in Suo Motu WP. No. 574 of 2015, the petitioner preferred the contempt petition and the present application seeking appropriate direction to the respondent authorities in this regard.
  2. Hinduism, as coined by the British and known today, is an
    assortion of different cults with polytheistic concept. Ancient scripts reveal that Buddhism and Jainism are also offshoots of Hinduism, with several common history and legendary stories. The classification of six different cults, as it was known then as “Shanmadham”, founded by Adi Shankara comprised worshippers of intrinsically connected six different deities and the cults were known as Shaivam (Lord Shiva), Vaishnavam (Lord Vishnu), Shaaktham (Goddess Sakthi), Gaanaapathyam (Lord Ganesha), Kaumaram (Lord Skanda or Kumara) and Souryam (Sun as God). The polytheistic concept imbibes the democratic and secular principles as they are called today.
  3. There are more than 46,000 temples in Tamil Nadu, of which, around 40,156 temples are under the control and supervision of the HR&CE
    Department as per the recent statistics available in the Department’s website.
    The temples in Tamil Nadu are predominantly, Shaivaite and Vaishnavite temples. Of the Shaivite Temples, the temples falling under the category of “Paadal Petra Sthalams” and “Vaippu Sthalams” are important. The primary devotees excluding Saint Manickavasagar, are known as “Nayanmars” and they are 63 in number. Of the 63 Nayanmars, three are prominent and their songs in praise of Lord Shiva are known as Tevaram, implying a garland of divine songs. The three saints, who lived between the 7th and 9th century, are Thirugnana Sambandar, Appar and Sundarar. Saint Manickavasagar is not classified as a “Nayanmar” as he is believed to have become one with the Lord Shiva himself in the Chidambaram Temple through the rainbow body phenomenon. In the Tevaram, each chapter or pathigam, as it is called, comprises a minimum of 10 songs with exception to some chapters with 11 or 12 songs. The songs which are devoted to Lord Shiva by referring to various temples signify the personal experience of the saints during their visit and the legends of the temples. The temples which have been visited by either of the three saints are classified as “Paadal Petra Sthalams” and the temples, which they could not visit, but have been referred to, are classified as “Vaippu
    Sthalams”. The Paadal Petral Sthalams are 276 in number, of which 267 are in Tamil Nadu. The Vaippu Sthalams are 249, of which 189 are in Tamil Nadu.
    There is a claim that one of such Vaippu Sthalams is said to be in the Gulf
    Countries. The three saints are believed to have brought about a resurgence of the Shaivite philosophy which has resulted in Shaivites considering the visit to the Paadal Petra Sthalams and Vaippu Sthalams as not only of being blessed, or sacred, but also as a duty.
  4. The temples dedicated to Lord Vishnu, which are named in the works of the 12 Alwars or Vaishnavite Saints in the “Nalayira Divya Prabandams” or 4000 songs, are classified as “Divya Desams”. The Divya Desams, which are sacred to Vaishnavites are 108 in number, of which 84 are in Tamil Nadu. Similar to Shaivites, it is considered to be sacred, blessed and as a duty for the Vaishnavites to visit these temples.
  5. It is pertinent to mention, at this juncture, that the list of Nayanmars and the Alwars comprised devotees, who belonged to various sects and they are connected with their belief and there was no discrimination in the classification as devoutness was the only criterion. The Tevaram, which forms part of the Panniru Thirumuraigal or 12 holy scriptures in Tamil Shaivism, along with the Nalayira Divya Prabandam of Vaishanvism, is vital for the resurgence and sustenance of the culture, tradition and practices associated with our country.
    The temples in our State signify not only the sacredness, but also
    a reflection of the culture and tradition. They also demonstrated the skill and techniques displayed by our ancestors in building the temples. Protection of temple properties is an important and necessary step in protection of the temples. The income derived from the temple properties is used to maintain the temples. Temples have not just been a place of worship, but have played manifold roles in the daily life of the public. The importance, history and role of temples have been enunciated by this Court, time and again, in many cases as under:
    (i)In the order dated 21.07.2017 in Crl O.P Nos. 8960 of 2017 and 12060 of 2017 [R.Venkataraman v. Director General of Police, Chennai and others] passed by one of us (RMDJ), it was held as follows:
    “10. The State of Tamil Nadu is blessed to have the most ancient temples in the country. The culture and the history of the State goes back to several centuries, when many countries that exist in the world and to which the smuggled Idols are sent, were not even born. When other countries were looking for precious metals, the people of this land were wearing them as ornaments.
  6. History would reveal that this land was invaded by many to exploit the natural resources and to break the culture, which made them dominate the world in all the fields. Many temples and deities were destroyed and the precious wealth’s were robbed. Whenever and wherever possible, the main deities were shifted. One such example is the present Kabaleeshwarar Temple, Mylapore, which was shifted from the seashore premises.
  7. In contemporary India, it is the fundamental right of every citizen of this Country to profess and practice any religion as guaranteed under Article 25 of the Constitution of India. Idols depict their own history and the civilization of the land. Idol worship has been a part of the culture of this land from time immemorial. It is a matter of belief. The form of Gods as experienced by the blessed, saints and the rulers were sculpted. The historical Tamil Nadu with most ancient temples in the country has also been subjected to cultural attacks like other parts of the country. For the past several years, a new form of attack is carried out by smuggling the ancient Idols. Foreigners and dis-believers see the Idols as antiques worth only in value, in terms of money, but the people of this country see them in the semblance of god, culture and identity.
  8. The HR & CE department is the custodian of most of the temples and the properties including the idols belonging to them. It is their primary duty to protect the temples and safeguard the valuable idols/antiques, which, this Court with great anguish, expresses that the department has failed to do. It is startling to find that the HR & CE department with all its income from major temples, has not been able to maintain historical temples and safeguard the Idols, which in market, have antique value based on their age. Some temples in the State have also been recognised by the UNESCO as heritage sites. Many temples constructed at least 1500 years ago or much before the temples recognised by UNESCO, are in ruins. Even the daily rituals are not performed. Some temples remain closed throughout the day with no one to even lighten the lamps. Neither the Archaeology Department nor the HR & CE Department has shown interest to identify and protect them. This has also come to the advantage of the miscreants, who have laid their hands on the Idols.
  9. One more important point to be noted is that the department has not computerised the stock, provide adequate ICON Centres with surveillance to keep safe custody of the valuable idols in the Centre and in the temples. This has led to the advantage of the culprits, who have aided in smuggling the Idols out of the country. As the theft of Panchaloka idols worth crores kept on increasing, the Idol Wing, CID was created vide G.O.Ms. No. 2098, Home (Police IV) Department, dated 07.10.1983. It is saddening to note that the Idols stolen from the State are smuggled out of the country. A wing, with a first of its kind, was created to investigate and recover the Idols, but, the steps taken by the HR & CE department to arrest the theft, are unsatisfactory. It is the duty of the State to protect the monuments including Idols and antiques of historical value.
  10. Article 49 of the Constitution of India reads as under:
    “Protection of monuments and places and objects of national importance-It shallbe the obligation of the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be”.”
    (ii) In the order dated 30.11.2018 in W.P Nos. 20392 of 2018 and 20963 of 2018 [Elephant G. Rajendran v. State of Tamil Nadu and others] passed by one of us (RMDJ), it was held as follows:
    “26.The land of Tamil Nadu has its own, rich cultural heritage. It has more thousands of ancient temples of which most temples are under the control of the HR & CE Department. Some temples date back to more than 1000 years. Each temple is bestowed with not only gold ornaments but also with idols, which are symbolized as the deities. The history of idol worship has been in existence from time immemorial. It is believed that the idols are embodiment of the deities. The idols, because of continuous worship by precise following of agamas and chanting of mantras and sacred hymns also vibrate positive energy. There is an old saying that one must not habitate in a place where is there is no temple. This method of idol worship has been protected by our Constitution. The believers see their deity in the idols. The State of Tamil Nadu is blessed to have the most ancient temples in the country. The culture and the history of the State goes back to several centuries. This land was invaded by many to exploit the natural resources and to break the culture. Many temples and deities were destroyed and precious metals were robbed. The HR & CE Department is the custodian of most of the temples and the properties including the idols belonging to them. It is their primordial duty to protect the temples and safeguard the valuable idols / antiques, but with great anguish, this Court would only say that the Department has failed to do so. First of all, a proper inventory of the statues and idols available in all the temples in the State has to be maintained by computerising the same, so that any theft can be easily identified and tracked. In the cases on hand, it is seen that the erring officials have had a free hand in handling the idols.”
    (iii)In the order dated 12.02.2018 in W.P. (MD) No. 16833 of 2017,
    [V.Muthusamy v. Joint Commissioner, HR&CE, Palayamkottai, Tirunelveli District and others], while dealing with the temple properties, it was held by one of us (RMDJ), as follows:
    “15. In the opinion of this Court, the properties of the religious institutions, more particularly, the temple properties have to be maintained properly in order to derive more income to spend for the betterment of the temples.
  11. The custodians of the temple properties be it the trustees or the HR & CE department must keep in mind the object and the reason behind such donations to the temple. The endowments are created and lands are donated in love, in faith and in satisfaction towards the one’s contribution to the religion they profess, for the temples to be selfsufficient to perform all every day rituals, to ensure that people who profess and practice the same ideology and belief are uplifted economically and spiritually and for the subsistence of their religion. Section 23 of the HR & CE Act specifically lays down the powers and duties of the commissioner in respect of temples and religious endowments. A duty is cast on the commissioner to ensure that such temples and endowments are properly administered and that their income is duly appropriated for the purposes for which they were founded or exist. Therefore, whenever any order is passed, the object of the endowment is not to be forgotten. Section 29 of the Act lays down the preparation of register for all institutions by the commissioner.
  12. One of the noble objects behind the donation of the properties/lands in favour of the temples, is only to protect the temples and to enable it to survive for several long years along with the heritage and culture of our lands to the future generation. Throwing to winds, the temple properties/lands are being misappropriated and mishandled by the persons who themselves are there to protect the same and it is very pertinent to point out that if the properties/lands belonging to the temples in our State are properly maintained, then the revenue/income being derived therefrom would be more than surplus and there would be no need for the State to look after the affairs of the temples/religious institutions.
  13. Unfortunate, it is, for this Court to observe that none of the properties/lands belonging to the temples/religious institutions in our State are being properly maintained to achieve the noble objects for which they were donated by our ancestors in the names of the temples. The Hindu Religious and Charitable Endowment Department, being the authority to regulate the affairs of the public religious institutions/temples in the entire State, ought not to shirk its responsibility from being the guardian of the properties belonging to the

religious institutions/temples in the State, as happened in the case on hand.”
(iv) One of us (RMDJ), vide order dated 13.01.2020 in W.P No 26896 of 2018 [Murugan v. State of Tamil Nadu and others], while dealing with the necessity of a qualified stapathi for every temple, observed as follows:
“12.The State of Tamil Nadu is home to more than 50,000 temples, out of which, more than 38,000 temples come under the control of the HR&CE Dept. The age of some temples goes back to 2,000 years. The temples not only consist of deities in the form of idols, but also sculptures in the form of idols with marvellous architecture. The location of the temples, pillars and deities at a particular place are not without a cause. The Stapathis/Sculptors were well versed not only in the art of sculpting, but also in the agamas and were knowledgeable to bring to life, every deity with precision. This Court has, in many cases, dealt with the significance of idols in the temples and the need to protect and recover them.
13.This writ petition has brought to light two issues that now comprehend the temple administration, viz., the preservation of the temples and deities on one hand and the requirement of able hand on the other. It is not to be forgotten that even before several centuries, the sculptors from this land had travelled throughout the world and built temples with great architectural design and precision confirming to the Agamas of Tamil Nadu. Many temples in this State have now been declared as places of Archaeological importance. The State is now facing an indifferent situation, where it is riddled with idol thefts on one hand and need to preserve/repair/resurrect the existing temples including the deities on the other.
…..
20.Ashtabandana Kumbhabishegam (Consecration) is normally to be conducted once in 12 years. At that time, the renovation works including the resurrection of damaged idols, pillars, paintings, etc are to be carried out. It is a proven scientific result that periodical resurrection/renovation decreases the possibility of damage….
https://www.mhc.tn.gov.in/judis……
28.A conjoint reading of the provisions of the HR&CE Act and the Rules framed thereunder, would establish the following:
(a)That the authorities and the committees under the HR&CE Dept have a duty to protect the temples and its properties, which include the idols, pillars, paintings and any other architecture;
(b)That a periodical inspection of all the temples and its properties shall be made so as to take necessary steps for the maintenance and preservation of the same and a report has to be sent to the appropriate authority;
(c)That the forms and celebrations associated with the institutions shall be strictly observed;
(d)That appropriate steps are to be taken to establish academic institutions,
(e)That the role of staff from PWD and Highways department is limited only to the extent of estimation and check,
(f)That no provision has been made for the role of Stapathis, who could only confirm the renovation and resurrection works, instead that, the work has been assigned to the Engineers treating the temple works as mere civil works.
29.Though it was contended on the side of the respondents that the adhoc Chief Stapathi would be consulted on every work, this Court, considering the number of temples present and their age, is of the opinion that every Block in administration office should have at least one Stapathi attached to it depending upon the number of temples in each District, so as to enable the department to identify and resurrect the idols, paintings and images in the temples without delay.
30.Temples in Tamil Nadu are not only a source of identification of the ancient culture, but also a testimony of pride and knowledge of the talent in Tamil Nadu in the field of arts, science and sculpture. They are not only a conduit for spiritual activities, but also an important source of tourist attraction. ..”
(v) In the order dated 07.06.2021 passed in Suo Motu W.P.No.574 of 2015, which was taken up by us (RMDJ & PDAJ) to ensure protection of places of archeological importance, which also included the temples, the importance and role of the temples in various fields of life, were considered and it was observed as follows:
“Without culture, and the relative freedom it implies, society, even when perfect, is but a jungle. This is why any authentic creation is a gift to the future.”

  • Albert Camus
    “We repeat, these hybrid constructions are not the least interesting for the artist, the antiquary and the historian. They make us aware to what extent architecture is a primitive thing, demonstrating as they do, like the cyclopean remains, the pyramids of Egypt, or the gigantic Hindu pagodas, that architecture’s greatest products are less individual than social creations; the offspring of nations in labor rather than the outpouring of men of genius; the deposit let behind by a nation; the accumulation of the centuries; the residue from the successive evaporations of human society; in short, a kind of formation. Each wave of time lays down its alluvium, each race deposits its own stratum on the monument each individual contributes his stone. Thus do the beavers, and the bees; and thus does man.”
  • Victor Hugo
    While considering the importance of issues involved in the present cases, the aforesaid quotes of the renowned literary masters have been reminiscent in the mind of this Court.
    1.1 India has extraordinary, vast and diverse pool of cultural heritage and ancient monuments in the form of buildings, temples and other archaeological sites and remains. Its southern State Tamil Nadu’s ancient culture is one of the most glorious ones to have existed in the world’s history,dating back more than 2,000 years. Its immortal creations of resplendent architecture, design and construction of forts to temples, murals to paintings, sculptures to scriptures, made of lime mortar to clay bricks, from stones to rocks, from herbs to fruits in an era of might is right, have stood bent on to unite this glorious land. Tamil Nadu is famous for all over the world its magnificent and ancient temples. The monuments here are the remembrances of the living witnesses about the golden historic era of over thousand years. They exemplify the valor of this land and are the symbols of cultural expressions. More particularly, the temples, many of which are more than 2000 years old, are repositories of knowledge and treasure houses of arts & architecture. They are continuing legacy, which connect the present with the past and vice versa and are living symbols of unique culture; and the festivities connected there to make them vibrant and colorful. Our people are also deep rooted in heritage. However, these heritage and cultural assets are going into oblivion now-a-days. The upcoming generation does not know about the value of the same. That apart, the custodians of grand and antique temples and ancient monuments are least bothered and the conservation of our valuable heritage is deteriorating not due to any natural calamity or catastrophe, but due to reckless administration and maintenance under the guise of renovation.
    1.2 In ancient times, there have been cultural invasions, which though have damaged certain places with historical and archaeological importance to thrust deep rooted dispel into the minds of our people with hyperbole, there is much more in this land to pass on. It would not be enough if a monument or a heritage site is just handed over to future generations it is equally exigent that its history is also passed on. The younger generation hyping upon science and technological development needs to understand that many things claimed to be discovered and equated with scientific objective were said and laid down here before centuries in spiritual sphere. The intelligence, knowledge and skill of the people of this land have been far superior and precocious even in fields that science is yet to find answers. In proof, not only have the primogenitors of this land left behind theories beyond human comprehension, but also astonishing and illuminating monuments and scriptures. The object of such creation was not just a personal achievement, but a conscious effort to leave a historical imprint for future generations. Just as good memories create nostalgia, knowledge about history brings in a sign of pride, belonging and motivation to recreate history. To fulfil its informative and educative functions, a monument or a place of historical importance with heritage value, in addition to its preservation needs to be opened to the public, which means that its spatial dimension as well as its content can be experienced by the public and be sustainable. Thus, it is needless to emphasis that these have to be preserved and protected at all costs and for posterity. With this prelude, this Court is inclined to proceed with this Suo motu Public Interest Litigation….
    …
  1. At the outset, it would be apropos to brief about the heritage and cultural assets possessed by the state of Tamil Nadu and its role in improving local economy by way of tourism, preservation of cultural and traditional values and practices, serving educational resources, increasing community value and social inclusion and above all, bringing pride to our Nation. The entire state is strewn with great example of ancient Tamil architecture that goes as far back as two thousand years. Apart from the temples, the state is also home to several historical forts and other modern architectural marvels from its medieval heritage to colonial history. It comprises of the oldest inhabitants of the world, as it is the motherland to the world’s oldest language, Tamil, in usage. The state has remained a cultural hub for various activities like debates, art, innovations, architecture, music and commerce from time immemorial. The culture, tradition and practices were connected with religious beliefs. The record of valorous and historical events, found in many places like temples and forts, monuments and heritage sites, exemplify the indomitable claim towards the ancientness of the language, belief, tradition and culture of the people. Czech Professor Dr. Kamil.V. Zvelebil in ‘Tamil Culture’ under chapter “The Tamil Contribution to World’s Civilization” narrated as “There is no doubt that the culture of the Tamils belongs to the great and immortal treasures of the world’s civilization”. This will stand testimony to the pride of Tamil culture.
    …
    3.3 Apart from that, the land of Tamil Nadu has multitudinous and ancient, large and exhilarating, intriguing and mystical temples with astounding and unique style and art, which are all of archaeological importance. These temples played multiple roles in the development of Society. They are not only the places for worship, but also the places that exhibited extraordinary art in the form of sculptures, idols, paintings, murals and music, which also formed part of its heritage. Temples that have withstood the test of time are also to be treated as places of archaeological or historical importance as they are not only built with extraordinary skill, but also they reflect historical events termed as “legend” in common parlance and they are instrumental in the survival of the language of this land. Therefore, this Court feels it necessary to describe the activities associated with the temples exhaustively, but objectively.
    3.4 Every ancient temple was structured in such a way that specific places were allocated for the activities associated with the traditional method of worship that included recital of hymns in praise of deity, recital of Thirumuraigal, vedic hymns, dance, drama or folklore, debates, conduct of festivals, etc. During festivals, folklore programmes and dramas were conducted not only depicting the historical events, but also about the legends of the temple, where the events take place. Bharathanatiyam, one of the ancient dance forms in the world, which has its origin in Tamil Nadu, attributable to lord Nataraja, along with other dance forms, were rendered in traditional folklore. The activities held in the mandapams have gone a long way in the preservation, promotion and survival of the temples and also of various types of arts and literature and contributed to research work on our language, tradition and culture. The mandapams in temples had pillars, different in numbers and size, form and technique, art and design. The artistic exuberance of ancient Tamils reflected in the paintings and murals in the temples and religious places. The paintings also conveyed various stories including the legend of the temples. Any art, be it music or painting, can continue to survive only if it is practiced. The existence of the temple is interwoven with the co-existence of the various activities mentioned above. The waning of one activity will not only affect the rituals, but also result in waning of other activities and eventually the temples itself. Hence, not only the preservation and redemption of temples alone, but also the activities associated with the regular and traditional functioning of the temples, are of paramount consideration.
    3.5 From time immemorial, music and art are closely associated with the culture and tradition of temples. Music, in this land is mixed with every tradition and ritual. It is still a matter of pride for an artist to perform or give discourse in a temple. Legends speak about the Tamil Sangams conducted, wherein the talents in music, art and debates were displayed. The temple artistes / musicians have dedicated their services to play musical instruments in an eminent manner, whenever poojas for the deities are performed and during festivals arranged by the authorities of the temples as per the rituals and customs. Some see it as a spiritual opportunity to unify and experience the bliss of the supreme. The classical “Tamil literature” of our land was set to music. The ancient musical tradition has been referred to in the Sangam literature such as Puranaanooru, Kalithogai, Ettuthokai and other works. Silappathikaram, which belongs to post-sangam period has made various references to different forms of music performed by the Tamil musicians. It is believed that recitations in a particular Ragaa or Pann yielded specific results..Appar, Thirugnanasambanthar, Sundarar, Manikkavasagar and Alwars, the Saiva and Vainava saints, composed music linked with the hymns, Devaram and Divyaprabhandam compositions between the sixth and tenth centuries CE. Legends recorded in the temple fortify that the saints and their hymns performed many miracles to the extent of even bringing back the dead to life. They not only paved way for the upliftment of the Tamil language, but also in revival of the old temples and emergence of new structures in the existing temples throughout the state. Prof.Kudavayil Balasubramanian in his book ‘RAJARAJECHARAM’ refers to a stone inscription, which describes that 50 musicians were appointed 1000 years back by King Rajarajan in a sivan temple to perform Devara hymns. “Oduvars” were trained and appointed in all the temples along with set of musicians well versed in various forms of musical instruments like Mridangam, percussion instruments, flute, Muraliyam, Vangiyam, Paadaviyam, Udukkai, Conch, Uvachupparai,
    Sagadai and Karadigai. After RajaRaja made it mandatory that hymns from “Thirumurai” was to be recited every day in the temple, dedicated Oduvars for each temple were appointed. Also, people well versed in Mrudangam, Nadaswaram and other musical instruments were appointed for each temple. However, such appointments are now unfortunately, restricted only to few cities and temples. Therefore, it can be safely concluded that it is the duty of the temple administration to ensure that the recitations of the divine hymns with musical instruments are taken place in every temple, which would be significant in the survival and flourish of the art, besides aiding in preservation of the ancient temples and its values.
    3.6 Temples were used as office of records, wherein records relating to allocation of lands, historical events, poems and literary works written in Palm leaves were stored. They were accepted to be authentic places for record keeping. The recovery of “Thirumurai” from Thillai Chidambaram Temple by RajaRajaCholan would stand as testimony to the same. Two early 13th century inscriptions mention about re-organization of old temple library.
    That apart, the inscriptions in Thiruvothur, Tirumalperu, Koogoor, Tiruverumbur and Thiruppanandhal record that temples were not only places of worship, but also acted as places for justice. It is relevant to mention here about the synonymous place in Asia viz., Thiruvarur, which is a chariot house and known for its culture and the great king of this soil Manu NeedhiCholan has dispensed fair justice as per the advice of his Council of Ministers, whose statue finds place in this Chartered High Court of Madras.
    3.7 Temples were the epicentres for philanthropic services ensuring to conduct various social welfare activities. Huge extent of lands, jewels, properties and even animals were donated to temples. Such donations were made not only of the love for the deity, but also considering the fact that the income derived from the lands would help the temples in the performance of every ritual perpetually. The stone inscriptions record that there were many charitable endowments, which provided both food and accommodation for students studying Tamil literature and grammar. Though the land was administered by the Kings, the intervention of the Kings in spiritual and charitable matters was less. In those days, people were conscious enough not to encroach or usurp temple lands. With changing times, culture and belief, the lands and other properties of the temples have been coveted warranting interference by this Court.
    3.8 Temples have also been medical centres for physical treatment. The holy ash given in Saivite temples was believed to cure many diseases. Even today, the sacred sand (Puthuman) taken by people from Sankaran Koil is believed to have curing effect. Further, its premises were used by people to enter into commercial transactions and the officials were appointed in each temple to take care of the economical activities and safe keeping of the temple properties and documents.
    3.9 The mutts, where Tamil literature, hymns, music and scriptures associated with the religion and beliefs of this land are taught, also remained as platform for national leaders, poets, scholars and ascetic hermits. They were the pillars to instil discipline and faith. Even today, the traditional mutts run educational institutions. The mutts owned huge extent of lands, donated by the devotees to enable the same to sustain and propagate the religious beliefs by conducting regular poojas, festivals, rituals and religious courses.
    3.10 The ancient temples, which we adore upon, were all constructed with a specific design and stability that they were also capable of acting as fortress during the times of war. KotchengatChozan, a chola king and one of the 63 Nayanmars, built many adorable madakoils(Temples). Our history reveals that the temples have not only acted as fortresses during invasions, but also used as shelters during natural calamities.
    3.11 The stone inscriptions found in the temples are great sources of historical data. Numerous stone inscriptions left by Pallava, Chozha and Pandiya dynasties visible in Temples reveal not only about the history of our ancestors, their culture, traditions, welfare activities, thought process, scientific skills and forethought, but also their administrative excellence. They act as great sources of evidence and link us to the past. The stone inscriptions in Uthiramerur Vaikundaperumal temple record the prevalence of democratic elections to local bodies before 1100 years. There are many such numerous and rare stone inscriptions and epigraphy found in the temples of Tamil Nadu.
    3.12 The Temples here have been centres for tourist attraction mainly because of its ancientness, some of which have legends dating it to before 2000 years. Despite many storms in various forms, they stood tall reflecting not only the structural stability, but also the universal truth. Therefore, in order to save and safeguard the ancient heritage of this land, it is not only necessary to protect and resurrect the temples and its properties, but also to restore the age old Tamil traditions and cultures followed in the temples and bring it to the knowledge of the public.
  2. Our Kings adopted the ideology using scientific methods in constructing the temples for its future preservation. A monument, sculpture or scripture is not just a record of historical fact, but is a testimony to the knowledge, culture, tradition and lifestyle of the people. It exhibits in brief, the happenings of the yesteryears that is, to be imbibed, followed and carried forward by the present and future generations. It is now an accepted fact that the temples were not constructed as a mere place of worship, but also have some scientific significance based on its locations. The murals and paintings in the temples and caves demonstrate the knowledge of our people in chemistry and the prevalence of the same in many places of Tamil Nadu speaks volumes on the natural intelligence of the people of this land.”
    ……..
    After considering various contentions and reports from experts, 75 directions were issued by this Bench, in the above suo motu writ petition.
  3. This court has been, time and again, insisting that the temples under the custody of the HR&CE Department, have to be maintained properly and the temple properties will also have to be protected. It is also clear from the rules that the participation of the public in the cleaning and maintenance activities is also permissible, subject to permission / approval from the authorities concerned. While so, it has been contended by the petitioner with materials of sterling and unimpeachable quality to show that the temples are not maintained and cleaned properly. At this juncture, it is relevant to point out that the process and importance of cleaning the temples by devotees, did not begin in recent years, but, it dates back to the 7th century, when Saint Appar, who always carried a spade or uzhavaram in his hand to remove the vegetations and to clean the temples, as he considered the process of cleaning the temples as cleansing one’s soul and as one of the best ways to liberate oneself and to break the cycle of birth and reach the lotus feet of Lord Shiva. The process of cleaning with the use of spade or uzhavaram, is known as “Uzhavarapani”. The devotees have always had an inclination to participate in the Uzhavarapani by constituting themselves into several groups. There are many societies and trusts, which also engage themselves in the Uzhavarapani. Be it noted, cleaning the temples is not possible with the limited staff members of the temples alone. Such activity, which has been in vogue for several centuries, cannot be curtailed and as stated by the great Saint Appar, is a catalyst for internal cleansing as well. The Central Government, with an intent to promote and propagate cleanliness throughout the country, has been implementing a campaign called “Clean India Mission” which commenced on 2nd October 2014, by which an award of Clean Iconic place is also given to the cleanest temple in the country. However, the State of Tamil Nadu, which boasts of maximum number of temples in the country, is yet to focus on all the temples, particularly the temples generating meagre and low incomes, which are also archaeologically and historically important. It is indeed a sorry state of affairs that these temples generating poor income, have become a matter of neglect, which is a subject of serious concern. Therefore, this Court finds it necessary to give appropriate directions for inclusive participation of the devotees in the form of Uzhavarapani group(s) in the cleaning activity of the temples in the State. At the same time, this court cannot simply brush aside the apprehension expressed by the stakeholders that unauthorised / inexperienced persons cannot be permitted to take up the task of cleaning the sanctum sanctorum and removing the vegetations in the rajagopurams of ancient temples, since there is every possibility of damage being caused to the same.
  4. While so, the learned Special Government Pleader (HR&CE) produced a copy of the communication sent by the Commissioner, HR&CE Department, Chennai, in Na.Ka.No.352332/2024/N2 dated 06.03.2024, wherein, it is inter alia stated that as directed by this court, a Standing Consultative Committee was constituted headed by a Chairman and 4 other members viz., jurisdictional Joint Commissioner / Assistant Commissioner / Executive Officer, Tahsildar (Temples), an expert in State Archaeology
    Department, Assistant Stapathi and Assistant Divisional Engineer, for each
    District in the State of Tamil Nadu, for the purpose of conducting inspection of Padal Petra Sthalams, Vaippu Sthalams, Divya Desams and old Saivite temples, other than Paadal Petra Sthalams.
  5. In the above stated circumstances, considering the number of temples classified as Paadal Petra Sthalams, Vaippu Sthalams and Divya Desams, more so the fact that a lion’s share of such temples is housed only in this State and having regard to the distribution of the temples in the 38 Districts of this State, this court is inclined to issue the following directions:
    (i) The District Committee of each District so formed shall visit all the temples classified as Paadal Petra Sthalams, Vaippu Sthalams and Divya Desams located in such District, and note down the status of such temples, particularly, the condition of the temple premises, ponds, vegetations in the temples, repairs and maintenance to be carried out in the civil structures, pragarams, gopurams, etc. and submit a report within a period of two weeks to the territorial Joint Commissioner of the HR & CE Department. On receipt of such report, the Joint Commissioner concerned shall take immediate steps to carry out the necessary works in the temples after following due procedures and taking appropriate care for protection and safety to the temples as well as to the public. While taking up such works, he can permit the Uzhavarapani group / voluntary association of persons, subject to need and necessity and upon verification of the authenticity of them. The HR&CE Department shall also take necessary steps to maintain the temples and conduct periodic inspection of the temples’ structure.
    (ii) The Commissioner of the HR & CE Department shall circulate to all the members of all the District Committees, the earlier orders of this Court with regard to the inspection, maintenance, safe custody and repair, and all the rules applicable to the temples under their control and supervision,
    (iii) Any Uzhavarapani group/ voluntary association of persons which is interested in carrying out the cleaning activity, shall apply to the Joint Commissioner of the HR & CE Department of the particular District along with the particulars of the members participating in the activity along with the proof of their identity, who shall, within 7 days from the date of receipt of such application, after verification and upon production of necessary documents by the applicant(s), permit such group with such number of members as he may decide, to carry out the Uzhavarapani on a particular date or days or in such intervals of a period as required and decided by the Joint Commissioner. The Uzhavarapani group shall, in their application, mention the details of their experience in such activity, if any, and ensure that persons with unscrupulous background do not form part of the group and the Joint Commissioner, before granting permission, shall also make appropriate enquiry with regard to the background of such persons. The Joint Commissioner, while granting permission, shall consider the size of the temple and the number of persons to be part of the group. The permission shall contain the name of group with the particulars of the persons permitted to be part of the activity.
    (iv) After getting permission, the Uzhavarapani group/association of persons is entitled to only clean the temple premises, remove the unwarranted vegetations in the temple premises, clean the ponds, paint the civil structures and gates with the help of the experts. It is made very clear that they cannot be permitted to repair / renovate any of the inner pragarams or do any activity / program in the sanctum sanctorum or on the deities or any other idols, paintings or murals. The provisions / directions stipulated in this regard in the rules of the HR & CE Department shall be strictly followed,
    (v) As far as the small gopurams excluding Rajagopuram are concerned,the group can be granted limited permission. Insofar as the removal of vegetations/growth in the said gopurams, as per the opinion of the stapathi, it can be performed by the authorities concerned with the assistance of stapathi along with certain members of Uzhavarapani group, if necessary after taking appropriate care and protection. Insofar as Rajagopuram is concerned, the same will be within the exclusive domain of the temple authorities and the group shall not be permitted to venture into the same. The cleaning and repair work of Rajagopuram, if necessary, shall be done only by experts under the supervision of the temple stapathi and the Joint Commissioner, by ensuring the safety and sanctity of the structure. If the vegetations or growth of plants are strong and cannot be removed easily, it has to be immediately brought to the knowledge of the Executive Officer of the temple/Joint Commissioner, who shall, in consultation with the experts and stapathi, take appropriate steps for removing the same by following the procedures as per law and by following the technical advice and the earlier directions of this Court,
    (vi) If, in the course of any cleaning activity, it comes to the knowledge of the Uzhavarapani group/association of persons that any part of civil structure, available in the pragaram appears to be damaged, they have to intimate the same to the Executive Officer of the temples and / or Joint Commissioner immediately, who shall take immediate steps in accordance with the procedure in force and the earlier directions of this Court,
    (vii) The Joint Commissioner shall take a decision to permit one or more groups at the same time for performing the Uzhavarapani, according to the requirements, making it clear that other than carrying out Uzhavarapani, the said group cannot claim any right or privilege connected to the Temples.
    (viii) The Joint Commissioner shall ensure that after the Uzhavarapani, the debris are removed immediately. However, it is made clear that the Uzhavarapani group shall not remove any stones, broken idols or structures from the temple premises,
    (ix) The Uzhavarapani group shall ensure the complete safety of not only the temple, idols, murals, paintings, etc., but also that of its members and more care is to be taken while cleaning the temple pond and persons with skill in swimming must alone be permitted; they shall also ensure that no hindrance is caused to the religious activities or to the other devotees visiting the temple,
    (x) The Joint Commissioner shall also ensure that all the temple properties in safe custody or otherwise are safe and secure and for that purpose, nominate any temple staff and make proper security arrangements, (xi)The District Committee shall visit all the temples at least once in a month to ensure that the condition of the temples is safe and all the directions issued by this Court earlier, are complied with,
    (xii) The respondents shall file a status report before this Court on or before 05.06.2024.
    Post the matter on 05.06.2024 “for reporting compliance”.
    (R.M.D., J) (P.D.A., J)
    30.04.2024
    Index : Yes / No
    Neutral Citation : Yes / No Speaking / Non-Speaking Order rk
    R. MAHADEVAN, J and
    P.D. AUDIKESAVALU, J
    rk
    Sub Application (OS) No. 246 of 2024 in Cont. Petition No. 679 of 2024
    30.04.2024

You may also like...