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Thillai Govindaraja Swamy temple is a separate temple. I state that Sri Thillai Govindaraja Swamy Temple is a public temple coming under the control of the HR&CE Departmen

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No.11248 of 2024

T.R.Ramesh,
Flat 3B, Nataraj Apartments,
17, D’Silva Road,
Mylapore,
Chennai – 600 004. …Petitioner

/ Vs. /

  1. The State of Tamil Nadu,
    Rep. by its Secretary,
    Department of Tourism, Culture
    and Religious Endowments,
    Secretariat, Chennai – 09.
  2. The Commissioner
    Hindu Religious & Charitable Endowments Department
    119 Mahatma Gandhi Road, Nungambakkam
    Chennai – 600 039
  3. The Joint Commissioner,
    Hindu Rehgious & Charitable Endowments Department
    119 Mahatma Gandhi Road, Nungambakkam
    Chennai – 600 039
  4. Sri Sabanayagar Temple,
    Represented by its Secretary,
    Podu Dikshitar Committee,
    Chidambaram. …Respondents

Affidavit Filed By The Executive Trustee of
Sri Thillai Govindaraja Swamy Temple, Chidambaram

I T.Thiruvenkatavan, S/o A.V.Thiruvenkata Ramanuja Chari , Hindu, aged about 65 Years, working as The Executive Trustee, Sri Thillai Govindaraja Swamy Temple, residing at No 14/15, East Sannathi, D6- Prabu Chaitanyala Apartment, Chidambaram-608 001, now temporarily came down to Chennai, do hereby solemnly affirm and sincerely state as follows;

  1. I am the Executive Trustee of Sri Thillai Govindaraja Swamy Perumal temple, Chidambaram and I am well acquainted with the facts of the case.
  2. The temple of Sri Thillai Govindaraja Swamy situated at Chidambaram including Sri Kodandarama Swamy temple at West Car Street, Chidambaram and other sub temples jointly constitute Sri Thillai Govindaraja Devasthanam at Chidambaram. Hence Sri Thillai Govindaraja Swamy temple is a separate temple. I state that Sri Thillai Govindaraja Swamy Temple is a public temple coming under the control of the HR&CE Department.
  3. I state that Sri Thillai Govindaraja Swamy temple and the 4th Respondent temple are situated in one and the same enclosure but are under separate and independent control and management. The 4th Respondent temple was always creating an obstruction to the conduct of festivals in Sri Thillai Govindaraja Swamy temple. Hence the trustees of Sri Thillai Govindaraja Swamy temple filed a suit in O.S. No.211 of 1918 before the District Munisif of Chidambaram against the trustees of the 4th Respondent temple praying for as follows;

“Suit for a declaration that the main entrance (marked X and Y) in the pIan filed with the plaint of the common property of Sri Govindaraja Swamy and Sri Nataraja Swamy Devasthanam and that trustees of the former institution are entitled to have them kept open whenever they desire;for a declaration in the alternative that the said gates should be kept open from 5.30a.m to 11.30 p.m or till such other time when the last aradhanam in the night is over in the former institution except on days of important festivals when it should be kept open both during day and night and in margali from 8.00 a.m; for an injunction to restrain the defendants 1 to 9 and their co-trustees from interfering in any way with the plaintiffs’ rights;for payment to the plaintiffs of a sum of Rs.50 for damages and for other incidental reliefs.”

  1. The District Munisif, Chidambaram by judgment dated 30-09-1920 decreed the suit holding as follows;
    “140. Issue 12. In the result, there will be a judgment declaring the rights of the shrine of Sri Govindaraja Swamy to the unrestricted user of the gates X and Y and to have them kept open throughout the day and till 11p.m during nights except on nights of important festivals specified in schedule A to this judgment during which the right to user extends till the festival, worship or ceremony is over, and for restraining by a permanent injunction Dikshitars of Sri Sabanayakar temple for the time being and now represented by defendants 1 to 9, their servants agents etc., from closing both the said gates at any time during the day till 1.p.m. and after 4.p.m. during all days in the year and the Thittivasal of the eastern gate from 1.p.m. to 4.p.m. likewise throughout the year except on days specified in schedule B to this judgment when they will be restrained by a permanent injunction from closing the said gates (X and Y) at any time during the day. As regards the nights there will be a permanent injunction restraining them from closing the said gates (X and Y) at any time of the night before 11.p.m. throughout the year except on the nights specified in schedule C to the judgment when they will be restrained by a permanent injunction from closing the eastern gate during the period indicated in column 2 thereof; for a mandatory injunction to throw open the eastern gate as and when the Vishnu procession approaches it on the occasion of the processions mentioned in the items 1 to 9 of schedule A as they approach the eastern gate for a permanent injunction restraining them to keep thesaid gate open for a period of 1 hour after the entry of the procession into the eastern gate or till the close of the worship and the departure of the worshippers whichever event sooner happens. The plaintiffs’ claim to co-ownership of the said gates will stand dismissed.”
  2. The Board of Commissioners for HR&CE, Madras by order dated
    22-04-1932 in O.A.No.218 of 1930, framed a scheme for administration of Sri Thillai Govindaraja Swamy temple at Chidambaram. As per the scheme framed in OA.No.218 of 1930, trustees are appointed by the HR&CE Department for the said temple and the Trustees are in management for the said temple from 1932 till date.
  3. I state that in 1979, the trustees of Sri Thillai Govindaraja Swamy decided to perform Brahmotsavam and approached the then Deputy Commissioner, HR&CE, Mayiladuthurai for performance of Brahmotsavam at Sri Thillai Govindaraja Swamy temple. The Deputy Commissioner, HR&CE, Mayiladuthurai conducted an enquiry and passed orders in R.C.No.6654/1978 dated 05-05-1979 under Section 58 of the HR&CE Act approving the dhittam for conduct of Brahmotsavam in the Sri Thillai Govindaraja Swamy temple. The objections filed by the trustees of the 4th Respondent temple were rejected as not sustainable.
  4. Challenging the order dated 05-05-1979, the trustees of the 4th Respondent filed an appeal before the Commissioner, HR&CE and during the pendency of the appeal, the dates fixed for the Brahmotsavam had lapsed. Therefore the Commissioner, HR&CE directed the trustees of Sri Thillai Govindaraja Swamy temple to apply to the Deputy Commissioner, HR&CE, Tiruchirapalli for obtaining permission to conduct the Brahmotsavam for Sri Thillai Govindaraja Swamy temple during the year 1982.
  5. Accordingly the trustees of Sri Thillai Govindaraja Swamy temple applied to the Deputy Commissioner, HR&CE, Tiruchirapalli for conduct of Brahmotsavam in Sri Thillai Govindaraja Swamy temple and the Deputy Commissioner by order dated 03-05-1983 granted permission to the trustees of Sri Thillai Govindaraja Swamy temple for conduct of Brahmotsavam in 1983. The 4th Respondent filed a Writ Petition in W.P.No.4531 of 1983 challenging the order dated 03-05-1983 passed by the Deputy Commissioner, Tiruchirapalli permitting the conduct of Brahmotsavam in Sri Thillai Govindaraja Swamy temple. This Hon’ble Court by order dated 28-06-1991 dismissed the Writ Petition in W.P.No.4531 of 1983 for non-prosecution. Due to the pendency of the above Writ Petition, the Brahmotsavam festival could not be conducted and ultimately the Writ Petition was dismissed for non-prosecution.
  6. Again the Joint Commissioner, HR&CE, Mayiladuthurai by order dated
    29-04-2008, directed the 4th Respondent to cooperate with the trustees of Sri Thillai Govindaraja Swamy temple for conduct of Brahmotsavam at Sri Thillai Govindaraja Swamy temple from 15-05-2008 till 25-05-2008. The 4th Respondent challenged the order dated 29-04-2008 by filing an appeal in R.P. No.25 of 2008 before the 2nd Respondent and the 2nd Respondent by order dated 09-05-2008 disposed of the R.P. No.25 of 2008 by directing the 4th Respondent to cooperate in the conduct of Brahmotsavam festival at Sri Thillai Govindaraja Swamy temple by further holding as follows;
    “9. The civil order passed in the year 1918 refers to opening of main gates of the temple on the days of festivals in Govindaraja Perumal and contains a list of poojas and festivals, but does not specifically prohibit the conduct of Brahmotsavam. However, the order in 1867 refers to a restriction on conducting any new festival in the Govindaraja Perumal Temple. However, with the Tamil Nadia H.R & C.E. Act, 1959, coming into force, provisions of the said Act alone will prevail. The then Deputy Commissioner after following due process of law, has passed orders in 1979 under Section 58 of the said Act permitting the conduct of Brahmotsavam in Govindaraja Perumal Temple and prescribing a Dhittam for the same. The Pothu Dikshidaras were directed to extend cooperation. Again in the year 1983, the then Deputy Commissioner passed similar orders dated 3.5.1983 for the conduct of Brahmotsavam. This order was challenged in the High Court of Madras but was dismissed in 1991 for non-prosecution. As such, the orders of the Deputy Commissioner passed in the year 1979 and 1983 stands. This has not been reversed till today. Therefore, I hold that Brahmotsavam can be conducted in Arulmighu Govindaraja Perumal Temple, Chidambaram.”
  7. Despite orders passed by the Deputy Commissioner, HR&CE, Tiruchirapalli as confirmed by the Commissioner, HR&CE directing the 4th Respondent to cooperate in the conduct of Brahmotsavam at Sri Thillai Govindaraja Swamy temple, the 4th Respondent have repeatedly resisted the conduct of Brahmotsavam at Sri Thillai Govindaraja Swamy temple. Though the 4th Respondent challenged the order dated 03-05-1983 passed by the Joint Commissioner, Mayiladuthurai by way of Writ Petition in 4531/1983, this Hon’ble Court by order dated 25-06-1991 dismissed the Writ Petition for non-prosecution. Therefore the orders passed by the Deputy Commissioner, HR&CE in 1979 and 1983 have become final.
  8. Again the Joint Commissioner, Villupuram by proceedings dated 19-05-2009, directed the 4th Respondent to attend an enquiry for fixing the date for conduct of Brahmotsavam at Sri Thillai Govindaraja Swamy temple.
  9. The 4th Respondent filed O.A. No.2 of 2009 under Section 63 (E) of the TN HR&CE act before the Joint Commissioner, HR&CE, Villupuram objecting to the conduct of Brahmotsavam festival at Sri Thillai Govindaraja Swamy temple. Thereafter the 4th Respondent filed a Writ Petition in W.P No.10434 of 2009 challenging the proceedings dated
    19-05-2009 passed by the Joint Commissioner, Villupuram directing the 4th Respondent to attend an enquiry for fixing the date for conduct of Brahmotsavam at Sri Thillai Govindaraja Swamy temple. When the above Writ Petition was taken up for final hearing on 19-06-2009, the counsel for the 4th Respondent gave up the challenge with regard to the proceedings dated 19-05-2009 passed by the Joint Commissioner, HR&CE, Villupuram and sought for a direction that the revision filed by the 4th Respondent maybe taken up for hearing. By order dated 19-06-2009, the Writ Petition came to be disposed of. Subsequently by order dated
    27-09-2011, O.A. No.2 of 2009 filed by the 4th Respondent was dismissed for non-prosecution.
  10. The worshipers of Sri Thillai Govindaraja Swamy temple are desirous of conducting the Brahmotsavam festival at Sri Thillai Govindaraja Swamy temple. Hence the trustees of Sri Thillai Govindaraja Swamy temple requested the 3rd Respondents to conduct Brahmotsavam festival at Sri Thillai Govindaraja Swamy temple. It is relevant state that one M.N.Radhakrishnan filed a Writ Petition in WP.No.33865 of 2023 seeking for conduct of Brahmotsavam festival at Sri Thillai Govindaraja Swamy temple and the 3rd has filed a counter as stating as follows;
  11. I submit that pursuant to the earlier petition dated 25-10-2023 given by the petitioner, a report from Jurisdictional Circle Inspector of HR&CE Department was obtained and on 26-10-2023 personal visit and enquiry was made by the Joint Commissioner to scrutinize the probability of conducting Brahmotsavam for Sri Govindaraja Perumal Deity existing in the Thillai Natrajar temple, Chidambaram. The said enquiry was conducted with Thiruvenkatam, the trustee of Sri Govindaraja Perumal Temple, the petitioner- M.N.Radha, Tahsildar Temple land Chidambaram, Arulmigu Anantheeswarar Temple, Executive Officer, Jurisdictional Circle Inspector.
  12. I submit that upon the said process it is found that the conduct of Brahmotsavam festival is essential and significant for the Sri Govindaraja temple which had been stalled for several years and on that basis the managing trustee of the above temple was advised to conduct meeting immediately for the purpose of performing Brahmotsavam in the days to come and to take necessary preliminary actions in that regard. Simultaneously, the Circle Inspector Chidambaram is directed to take precautionary steps to conduct advisory meeting by taking part in the advisory meeting and to send the report to the Joint Commissioner above the details of meeting and the steps taken for conducting Brahmotsavam. Both the Managing trustee and the Circle Inspector have been advised that in the process of doing that exercise they have to ensure that there should not be any room for any complaint from any quarters, and there should not be any law-and-order problem while conducting advisory meeting and that necessary steps shall be taken for performing Brahmotsavam by conducting a meeting as suggested. This has been done under the proceedings under Na.Ka.No.7794/2Q23/A5 dated 28-10-2023.
  13. I submit that the Trustee of Thillai Govindaraja Perumal has addressed a letter dated 07-11-2023 to the Secretary of Podhu Deekshidars of Thillai Natrajar Temple by requesting him to cooperate for the performance of Brahmotsavam for. Thillai Govindaraja Perumal proposed to be held by citing a copy to the Joint Commissioner. In response to this letter, the Secretary of Podhu Deekshidars of Thillai Natarajar Temple has replied by letter dated 15-11-2023 that the communication dated 07-11-2023 has been sent by the Trustee of Thillai Govindaraja Perumal, Chidambaram at the instigation of HR&CE Department with a view to disturb the administration and management of the Thillai Natarajar temple by Podhu Deekshidars and that there is a judgment dated 30-09-1920 regarding the Urchavams to be done in Govindaraja perumal Sannathi at Sri Sabanayagar temple and that the existence of the said judgment is known to the Trustee as well as the HR&CE Department and that in order to interfere in the administration of temple by Podhu Deekshidars the letter of request dated 07-11-2023 has been sent and. that such an act would amount to contempt of Court of Supreme Court Judgement and there by requested trustee of Thillai Govindaraja Perumal Temple not to act as a tool in the hands of HR&CE Department and that after consultation with their legal advisors he would disclose the stand of the Podhu Deekshidars in the subject.
  14. I submit that again the managing trustee of Sri Govindaraja Swamy Temple has written a reply by letter dated 20-11-2023 to the Secretary Sri Sabanayagar Temple, Chidambaram by quoting that Sri Thillai Govindaraja Swamy Temple is one of the 108 Dhivya Sthalams hymned by “Sri Thirumangai Aazhwar and Sri Kulasekara Aazhwar” towards the Primary deity of Sri Govindaraja Swamy inside the Sabanayagar temple and as such requested the Secretary of Podhu Deekshidars to alter his stand regarding the performance of Brahmotsavam by marking a copy to the Joint Commissioner HR&CE Department.
  15. I further submit that the Joint Commissioner, HR&CE Department has sent a report under Na.Ka.No.7794/2023/A5/ dated 24-11-2023 to the Commissioner, HR&CE Department, Chennai by setting forth the entire issues involved in the subject. Further it is drawn to the attention that the Judgement dated
    30-09-1920 made in O.S.211 of 1918 on the file of District Munsif Chidambaram was related to the Gates and Doors of the temple to be kept open during Aradhanam to the Thillai Govindaraja Swamy temple and that it was not related to any Brahmotsavam as falsely claimed by Secretary of Podhu Deekshidars and the said judgment relates to the rights of the trustees of the Vishnu shrine for the use of the gates on special or extraordinary occasions and in the said judgment the question of conducting Brahmotsavam was not a contentious issue.
  16. Thereafter, the Joint Commissioner, Cuddalore has fixed the dates from 25-05-2024 till 29-05-2024 for performing Brahmotsavam for Sri Thillai Govindaraja Swamy temple. The worshipers and the trustees of the Sri Thillai Govindaraja Swamy temple are in complete agreement with the 3rd Respondent for conduct of Brahmotsavam festival from 25-05-2024 till 29-5-2024 at Sri Thillai Govindaraja Swamy temple.

Under these circumstances it is humbly prayed that this Hon’ble Court may be pleased to dismiss the present Petition in W.P.No.1248 of 2024 and thus render justice.

Solemnly affirmed this at Chennai on this the 29th day of April, 2024 in my presence.

Before me

Advocate, Chennai.

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