THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10259 of 2023 and W.M.P.No.10253 of 2023 Dr.Bala Sarveswara Gurukkal … Petitioner. Saneeswarer temple protection
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31-03-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.10259 of 2023
and
W.M.P.No.10253 of 2023
Dr.Bala Sarveswara Gurukkal … Petitioner
Vs.
1.The District Collector,
Karaikkal,
Pondicherry (Union Territory).
2.The Commissioner,
Hindu Religious Institutions,
Puducherry.
3.The Executive Officer (Temples)
Sri Dharbaraneeswaraswamy Devasathanam,
Thirunallar, Karaikkal – 609 607.
Pondicherry.
4.The Board of Trustees,
Sri Kailaasanathaswamy – Sri Nithyakalyana
Perumal Vagaiyara Devasthanam,
Karaikkal – 609 602.
5.Sri.C.Sattanatha Sivacharyar
6.Sri.B.Vadiyanatha Sivacharyar
7.Sri.R.Venkadesa Sivacharyar
8.Sri Neelakanda Sivacharyar … Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 3rd respondents to issue appropriate orders to the 4th to 8th respondents to act in accordance with the order dated 04.03.2023 passed by this Court in W.P.No.4945 of 2022 in the light of orders of 2nd respondent dated 08.03.2019 and 24.03.2023.
For Petitioner : Mrs.C.Bhargavi
For Respondents 1 to 3 : Dr.B.Ramaswamy
Additional Government Pleader
[Puducherry]
O R D E R
The present writ petition has been filed to direct the respondents 1 to 3 to issue appropriate orders to the respondents 4 to 8 to act in accordance with the order dated 04.03.2022 passed by this Court in WP No.4945 of 2022 in the light of the orders of the second respondent dated 08.03.2022 and 24.03.2023.
2. The petitioner states that he has come from lineage of Temple Priests, Sivacharya Archakas. The petitioner is the reputed Sanskrit Scholar having Expertise in matters involving Temple Agamas. The petitioner states that he is the recipient of Ph.D., in Sivagama from the Pondicherry University in the year 2009.
3. The Sri Kailaasanathar Temple is an ancient temple consecrated as per Saiva Agamas and managed by the fourth respondent herein. Brahmotsavam or the Panguni Uthiram festival is the flagship festival of the temple, which is to be celebrated for 10 years during the Tamil month of Panguni every year.
4. The petitioner states that he is the native of Karaikkal and sponsor for the eighth day of Brahmotsavam, the annual temple festival held at the Kailaasanathar Temple, which is managed and conducted by the fourth respondent. Admittedly on all 10 days of the festival, the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are taken out on procession around the temple.
5. Agamas are treatises lay down the separate theological disciplines and doctrines on matters pertaining to matters like construction of temples, installation of idols and conduct of worship of the Deity. Agamas guide the faithful, who are moved by their devotion to the Supreme God to worship one of their manifestations. The Authority of Agama is judicially recognised in several precedents.
6. The grievance of the petitioner is that despite the orders of this Court and the orders passed by the Government of Puducherry implementing the judicial orders, the respondents 4 to 8 are violating the orders consistently by not carrying out the orders in its letter and spirit.
7. As per the Agamas and orders passed by this Court, which was implemented by the Government of Puducherry on all the 10 days of the Panguni festival, the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are taken out on procession around the temple for worship by the devotees.
8. However, the learned counsel for the petitioner states that such a procedure has not been followed by the respondents 4 to 8 in violation of the Court orders and the orders of the Government and also contrary to the Agamas. The photographs produced before this Court reveals that on the first, ninth and tenth days alone, all the three idols are shown to the devotees in a single pedestal and for the remaining days, the said procedures have not been followed. The respondents 4 to 8 have taken unilateral decision in violation of Agamas and in violation of the orders of the Court and the Government Orders.
9. When the matter was taken up for hearing today during morning session, this Court directed the learned Additional Government Pleader (Pondicherry) to get instructions. The learned Additional Government Pleader, appearing on behalf of the respondents 1 to 3, on instructions, today at 02.30 P.M., made a submission that the Government passed an order implementing the directions issued by this Court and even today i.e., on 31.03.2023, the Government of Pondicherry passed an order categorically stating that all the the Somaskandar idol, which includes the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are to be taken out on procession around the temple for worship by the devotees.
10. Mere passing orders would be insufficient for the Government and the Government is bound to ensure implementation of such orders issued by the Court and the Government by itself. When the Government implemented the orders and again reiterated the said order by passing another order today, the Authorities Competent of the Hindu Religious and Charitable Endowments Department shall be present during the temple festival and ensure that the orders are implemented in its letter and spirit. Thus mere passing of an order is unacceptable and its execution is of paramount importance.
11. In the present case, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3, brought to the notice of this Court that the respondents 4 to 8 are raising an objection to implement the orders of the Court and the Government and if that is the stand taken by the respondents 4 to 8, the Competent Authorities of the Government is bound to initiate appropriate actions in the manner known to law. Whoever is causing obstruction while implementing the orders of the Court and the Government, all such persons are to be dealt with accordingly without any leniency.
12. It is brought to the notice of this Court that the Panguni festival is going on and to day, the sixth day festival is under celebration. Therefore, the respondents are directed to follow the directives issued by this Court and the Government by including the idols of Sri Somaskanda, Sri Skandha and Sri Umayambigai together in a single pedestal, are taken out on procession around the temple today (i.e., 31.03.2023) evening, enabling the devotees to worship.
13. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3, is directed to inform this order to the respondents 1 to 3, namely, (1) District Collector, Karaikkal, (2) Commissioner of HR&CE Department, Puducherry and (3) Executive Officer of Sri Dharbaraneeswaraswamy Devasthanam immediately through phone or any other mode of communication and ensure that the procession scheduled to be held during evening hours are conducted in accordance with the directives issued by this Court and the Government and also the present interim order now passed in the present writ petition.
14. It is further made clear that if the respondent 4 to 8 raise any further objection to implement the orders of this Court and the orders of the Government, the respondents 1 to 3 shall take necessary steps to register a police complaint against the respondents 4 to 8 and ensure implementation of the orders of the Court and the Government. All necessary police protection is to be granted to the temple and the devotees to conduct the function in a peaceful manner. All the three idols must be visibly shown to the devotees during the procession without covering anyone of the three idols on all days.
15. The Registry is directed to list the matter before this Court under the caption ‘For Reporting Compliance’ on 05.04.2023.
31-03-2023
Svn
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
1.The District Collector,
Karaikkal,
Pondicherry (Union Territory).
2.The Commissioner,
Hindu Religious Institutions,
Puducherry.
3.The Executive Officer (Temples)
Sri Dharbaraneeswaraswamy Devasathanam,
Thirunallar, Karaikkal – 609 607.
Pondicherry.
S.M.SUBRAMANIAM, J.
Svn
WP No.10259 of 2023
31.03.2023
