Judgment :- I. The Legend: TAMIL [O my brothers and sisters of the world! It is dawning in the east. The Sun of the Glory of Compassion and Grade is coming into view. The lotus of my heart is blooming in joy. The evil of my mind is losing its grip. The partisan quarrels and discords arising from castes, ashramas, sects, and dogmas are ceasing to be. Those who have long poured over many a false treatise have lost their faith, their speech and vocal power of noisy debate, Hark, my brothers and sisters! Do you not hear the unending roll of the drums of the Divine Spirit of the Supreme Lord, the one without an equal, and realize the Truth? Do you not hear that compassion towards all living beings is the one universal way of attaining Him?] TAMIL [O ye Men and Women of the world! Do come this way The supreme gracious glory, which has neither beginning nor middle nor end, has filled my mind in mercy. And I have become an eternal being. And I will establish ye in the broad day light of the one supreme ever existing. Lord beyond, removing from you the excrescences of caste, dogmas and sect The Truth is spoken, O ye Men and Women of the world Do come quick this way.] [Translation by A.Balakrishnan - Thiru Arutpa (1966)] 2.Vallalar - The Reformer:- 2. 1. Vallalar (Ramalinga Pillai, Maruthur), made this revolutionary declaration in the late 19th century and ever since his spectre of Arutpa haunted throughout the length and breadth of Tamil Nadu. Though he was born on 010. 1823 and disappeared from this World on 30th January, 1874, only for a period of half a century, his mesmeric words and deeds had a sway over the people of Tamil Nadu continues and still has substantial following of the enlightened till date. He could attack the obscurantist caste bickerings and religious divides even 150 years before makes him an extraordinary human being. He was not a mere theosophist to wean persons from the material world and his teachings had relevance in his contemporary world. Of half century of his material existence during the first 40 years, after travelling widely and visiting many temples in Tamil Nadu got reflected in his hymns and verses. He was not a mere theosophist to wean persons from the material world and his teachings had relevance in his contemporary world. Of half century of his material existence during the first 40 years, after travelling widely and visiting many temples in Tamil Nadu got reflected in his hymns and verses. The last decade of his life saw a dramatic change in his outlook which based upon formless worship and his abundant love towards fellow human beings. Many of his words and deeds had remarkable influence not only on the people, but even on the colonial rulers of his time. 2. 2. He could attack religions and caste as false make ups. He could derail Agamas and Vedas, making any one amazed by his boldness. The following verses composed by him will show the same:- TAMIL The boundless benevolent Jothi enlightens that caste, religion and creed are false. TAMIL The boundless benevolent Jothi towering over the Crowns of Agamas and Vedas Transcends them TAMIL The boundless benevolent Jothi has appeared at the right moment when the bias of religion, caste etc. were eschewed. (Translated by Swami Saravananda) 2. 3. It will not be out of place to refer that the then colonial Government enacted The Caste Difficulties Removal Act, 1872. The Act safeguarded inter-caste marriages and declared them as valid provided parties getting married are above the prescribed age. There was extraordinary coincidence between his campaign against caste conflicts and Government enacting a law safeguarding the rights of the people. 2. 4. The then Madras Presidency witnessed grave famines including the one at Kalahandi (presently in Orissa State) in 1866 which was seen in this part of the Country. People were dying in thousands for want of food. Vallalar so moved by the plight of common people, sang in desperation. He lamented and worried on seeing the withering crops. When Vallalar saw human sufferings it gave immense pain. The hungry faces he saw reminded him of withering ear of cereals falling for want of nourishment. He felt such profound compassion in his heart because God resided there. The feeling of compassion is given only for humans. Vallalar felt sad seeing the hungry faces and his compassionate heart went out to help them. When he saw a frail man, he felt himself to be frail. He prayed for disease-free life for all. He felt such profound compassion in his heart because God resided there. The feeling of compassion is given only for humans. Vallalar felt sad seeing the hungry faces and his compassionate heart went out to help them. When he saw a frail man, he felt himself to be frail. He prayed for disease-free life for all. It is this concern for the poor and downtrodden, this eagerness to wipe out poverty from the face of the earth that elevated Vallalar to the level of an outstanding and divine personality. His feelings poured out in the following lines which also became his famous quote: 5. He did not stop lamenting, but started during 1867 a gruel centre at Vadalur and started feeding all the poor, who visited Sathya Gnana Sabai without regard to caste, creed or religion. The fire that was lit by him is never put out and it continues till today. He considered "Annadanam" (feeding poor) as one of the great virtues. 6. His anger against the Almighty who makes the poor to suffer made him to question the God whether it was proper to keep the poor to suffer and give food. If such sufferings continued, he made it clear that he will not keep his patience. He prayed for the alleviation of all sufferings in the following lines: TAMIL 7. Even before Indian National Congress was formed and campaign for a Self rule, Vallalar expressed openly that a rule without compassion must end and persons with good principles and grace must rule;- TAMIL 2. 8. Naturally, when his reach and sweep was multiplying with great speed, he himself made an introspection and came out with new ideas, which were not spoken by him earlier. His ideas were unique and his social reform in him came to the fore. He was the forerunner among the thinkers of his age. Subsequently, to his Siddi as is always expected, persons who claim to be his followers tried to interpret his life and teachings in their own style. It is suffice to state that Vallalar did not leave any heir apparent or a "Ilaiyapeedam" as had happened in other Maths and Adinams. But, this gave rise to many bickerings. The present litigation arose out of one such attempt by a person who claims to be the follower of Vallalar. 3. Thepresent litigation: 3. 1. It is suffice to state that Vallalar did not leave any heir apparent or a "Ilaiyapeedam" as had happened in other Maths and Adinams. But, this gave rise to many bickerings. The present litigation arose out of one such attempt by a person who claims to be the follower of Vallalar. 3. Thepresent litigation: 3. 1. The petitioner in both the writ petitions is one and the same person. He claims to be the lineal descendant of late Adoor Sabhapathy Sivachariyar and hereditary Archaga of Sathya Gnana Sabai at Vadalur. Sathya Gnana Sabai was founded and established by Shri Chidambaram Ramalingam Maruthur and popularly known as Vallalar Ramalinga Adikal. 3. 2. In both these writ petitions, the petitioner seeks to challenge the order of the second respondent Joint Commissioner, Hindu Religious & Charitable Endowments Department (for short H.R.& C.E.), Villupuram, dated 19. 2006 and confirmed by the first respondent Commissioner, H.R.& C.E. Department, vide his order, dated 30.4.2007. 3. 3. When the matter came up on 7. 2007, notice was issued to the counsel for H.R.& C.E. Department. Accordingly, Mr.T.Chandrasekaran, learned Special Government Pleader, took notice. Subsequently, the Executive Officer and the Chairman, Board of Trustees of Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur got themselves impleaded as respondents 4 and 5. On behalf of the first respondent, a common counter affidavit, dated 30.8.2007 was filed. The third respondent, who was a private respondent represented by his counsel, also filed his counter affidavit, dated 1. 2008. On behalf of impleaded respondents 4 and 5, a common counter affidavit, dated 29. 2007 was filed. 4. Petitioners contention: 4. 1. The petitioner claims that Vallalar was a staunch devotee of Lord Nataraja of Chidambaram. He devoted his entire life in propagating Saivatism. He had written many lyrics in praise of Lord Siva at Padi, Lord Subramaniar at Kandakottam and Goddess Vadivudaiamman at Thiruvotriyur. Vallalar had great respect for the forefather of the petitioner, i.e. Adoor Sabapathy Sivachariyar. They had discussion over various aspects of Saivatism. Vallalar had number of disciples and followers, who donated lands and cash gifts. According to the petitioner, Vallalar had strong belief that Lord Siva is the only ultimate God. Lord Nataraja at Chidambaram was considered by him as one of Sivas manifestation. He sung many poems in praise of Lord Nataraja, which were subsequently published as "Nangam Thirumurai". Vallalar had number of disciples and followers, who donated lands and cash gifts. According to the petitioner, Vallalar had strong belief that Lord Siva is the only ultimate God. Lord Nataraja at Chidambaram was considered by him as one of Sivas manifestation. He sung many poems in praise of Lord Nataraja, which were subsequently published as "Nangam Thirumurai". Vallalar wanted to establish a temple for Lord Nataraja at Vadalur with the funds donated by his devotees. He conceived and designed the architecture of the temple and made it in the form of Lotus leaves with "Ashtakonam Formation". While he labelled Chidambaram temple as Purva Gnana Sabhai, he named his temple at Vadalur as "Uttira Gnana Sabai". He installed a "Spatika Lingam" representing "Roopa/Arupa" manifestation of Lord Shiva. The seven curtains hung therein represented seven "Sakthis". He also put a plain glass and lamp behind the glass in the "Sanctum Sanctorum". The installation and consecration function were carried out by the forefather of the petitioner as per agamic rules on 21. 1872. 4. 2. It was claimed that from that day onwards, poojas were performed according to Saiva Agamic rules by Adoor Sabapathy Sivachariar. Vallalar had reposed full confidence on him and entrusted the administration of Sathya Gnana Sabai to Sabapathy Sivachariar. The said Sabapathy Sivachariar was the Managing Trustee and administrator of Sathya Gnana Sabai during his life time between 18. 1889 and 111. 1903. After his demise, his legal heirs were the trustees of Sathiya Gnana Sabai till 1936. The fact that Vallalar had recognised Agamic form of poojas can be seen from the letter written by Vallalar to Sivachariar on 6. 1868. The compilation of writings of Vallalar came to be labelled as "Thirumurai". The first five compilations were known as "Five Thirumurai". They were in praise of Lord Shiva, Lord Vinayaga and Lord Subramania. After consecration ceremony in the Sathiya Gnana Sabai, Vallalar went to Mettukuppam, which is 5 Kms. away from Vadalur. During the period from 1869 to 1873, he had written poems, the compilation of which came to be known as "Aram Thirumurai" (Sixth Thirumurai). The said compilation contained very many controversial issues. Vallalar himself decided not to publish "Aram Thirumurai" and ordained his disciples not to venture on publishing the "Aram Thirumurai". 4. 3. away from Vadalur. During the period from 1869 to 1873, he had written poems, the compilation of which came to be known as "Aram Thirumurai" (Sixth Thirumurai). The said compilation contained very many controversial issues. Vallalar himself decided not to publish "Aram Thirumurai" and ordained his disciples not to venture on publishing the "Aram Thirumurai". 4. 3. It was stated by the petitioner that after the establishment of H.R.&C.E. Department, the administration of the institution was taken over by the Government. The pooja system based on agamic injunctions started during the life time of Vallalar, were continued even after the administration was taken over by the Government. The Department itself had published various writings of Vallalar. It recognised the usage and custom followed by Sabai. The publications of "Deiva Nilayam" made in 2003 carried out information about the usage and custom followed by the Sabai which clearly revealed that Agama form of worship was followed as was done by Adoor Sabapathy Sivachariar. The said publication also informed about Vallalars ordain to his disciples not to venture publication of "Aram Thirumurai". Contrary to his wishes, "Aram Thirumurai" was published during 1885. 4. 4. The petitioner claimed that the third respondent who claims to be the follower of Vallalars teachings, sent a representation to the HR&CE Department and complained about the wrong rituals performed at Vadalur which is contrary to the philosophy propounded by Vallalar as well as his directions issued on 112. 1872. On the basis of the complaint, the Joint Commissioner, HR&CE, Villupuram (second respondent) was directed by the first respondent to conduct an enquiry. Pursuant to the same, the petitioner was issued with a notice to appear for the enquiry. The enquiry conducted by the Joint Commissioner was administrative in nature. The said officer directed the petitioner to give statement regarding usage and custom followed in the Sabai. It was also furnished by the petitioner. Though the third respondent had sent a complaint, he neither examined himself nor filed any records to substantiate his claim. The second respondent did not conduct any proceedings as per the procedure contemplated under Section 63 of the HR&CE Act. According to the petitioner, if any dispute has to be tried under Section 63(e), it can be done only in the manner provided under the Act and the procedure is quasi judicial in nature. The second respondent did not conduct any proceedings as per the procedure contemplated under Section 63 of the HR&CE Act. According to the petitioner, if any dispute has to be tried under Section 63(e), it can be done only in the manner provided under the Act and the procedure is quasi judicial in nature. However, without due regard to the custom and usage in the Sathiya Gnana Sabai and without following due procedure under Section 63, the second respondent passed the impugned order, dated 18.09.2006. By the said order, he had directed certain forms of rituals to be performed as if those rituals were ordained by Vallalar as per his letter dated 112. 1872. Further, direction was given to stop all other forms of rituals which is conducted for the last 136 years. 5. It was also claimed that the second respondent has no power under the Act to direct as to how any rituals can be performed in a religious institution. The Act do not empower the authority to decide the forms of rituals to be performed in any religious institutions. The Act only provides administration of property and the governance of the institutions. Nowhere, the Act gives power to department to interfere in the religious affairs of the institution. Such interferences are prohibited by the Constitutional rights guaranteed under Articles 25 and 26 of the Constitution. 5. Devotees complain: 5. 1. In the first impugned order, dated 19. 2006, it was stated that Arulmigu Vallalar Deiva Nilayam at Vadalur (Sathiya Gnana Sabai) was maintained by the department under Section 46(iii) and was declared as non hereditary trust. The Board of non hereditary trust and the Executive Officer were in-charge of the administration. The Assistant Commissioner, Cuddalore was nominated as the Thakkar. The third respondent in W.P.No.22886 of 2007 had filed a writ petition being W.P.No.4063 of 2006. One Subramanian also filed W.P.No.21457 of 2006 before this court. The relief claimed by them was to consider their representations, dated 23. 2006 and 6. 2006 respectively. In their complaint, they had alleged that the rituals and poojas performed in Sathiya Gnana Sabai are contrary to the principles and tenets of Vallalar. The two writ petitions were ordered on 24. 2006 and 17. 2006 and the department was directed to take action on those representations. 5. 2. 2006 and 6. 2006 respectively. In their complaint, they had alleged that the rituals and poojas performed in Sathiya Gnana Sabai are contrary to the principles and tenets of Vallalar. The two writ petitions were ordered on 24. 2006 and 17. 2006 and the department was directed to take action on those representations. 5. 2. The contentions raised by the two individuals (which included the third respondent) was that the Sathiya Gnana Sabai established by Vallalar at Vadalar transcend caste and religion. There is no discrimination between high class and low class people. It propagated non violence and the practice of vegetarianism. It is based on love and affection. The worship of God in formless fashion. In effect, it is in the form of "Jothi". Vallalar himself gave directions by his ordain, dated 17. 1872 regarding pooja method to be performed in the Sabai. But contrary to his directives, the idol worship and other different rituals were introduced, which were against the tenets laid by Vallalar. The writ petitioner herein installed Sivalingam in the Sathiya Gnana Sabai and started performing poojas to Sivalingam. When he was functioning as Poojari, on the day of Pradhosham, he performed poojas to the idol and started distributing "Sacred Ashes" (Vibhudi) to the devotees as well as "Naivedya Prasadam" (food offerings) to the worshippers. Therefore, the petitioner before the second respondent wanted the department to restore performance of poojas as ordered by Vallalar as per his directives, dated 17. 1872 which was published by Vallalar Deiva Nilayam and as per the customs and rules dated 25.01.1872. The publication themselves were done by Sathiya Gnana Sabai. 5. 3. It was based upon the said representations, the second respondent Joint Commissioner heard the matter after issuing notice to the petitioner. He conducted an enquiry on 17. 2006. That day, the Executive Officer of the Sabai (Sankaranarayanan), The Chairman of the trust (V.M.Shanmugam) and the other trustees Arutpa Annamalai and M.A.Rajan and the Accountant P.Gnanaprakasam appeared and gave their statements. 5. 4. It was stated before the Joint Commissioner that in the Sathiya Gnana Sabai, as per the directive of Vallalar, there can be worship of Jothi Dharshan. Even if a Brahmin wants to worship, he should remove his sacred thread, deny his caste identity and then can perform divine service. 5. 4. It was stated before the Joint Commissioner that in the Sathiya Gnana Sabai, as per the directive of Vallalar, there can be worship of Jothi Dharshan. Even if a Brahmin wants to worship, he should remove his sacred thread, deny his caste identity and then can perform divine service. But, the petitioner contrary to the directives of Vallalar, had established inside the Sabai on its eastern side, a Lingam and practiced rituals including worship during Pradhosham period. The public made complaints. It was also stated that apart from worship of Jyothi, there is no other ritual can be performed in the Deiva Nilayam. In the enquiry held on 17. 2006, the temple Archakar (i.e. the petitioner) did not appear. The third respondent had appeared on 28. 2006 and gave statement stating that as ordained by Vallalar, dated 17. 1872, any children below 12 years or any person above 72 years are permitted to clean the Sathiya Gnana Sabai and light the lamp. But, the present Sivachariar is conducting rituals applying Sacred Ash and also doing Pradhosha rituals. Photographs to prove the same was also submitted. The publication made for 135th Thaipoosam festival was also produced to show that the pamphlet contained the details regarding Linga Pooja. 6. Joint Commissioner conducts an enquiry: 6. 1. On 18.09.2006, the Thakkar/Assistant Commissioner and the Executive Officer also gave statements. On both the statements, it was stated that Vallalars identity should not be obliterated by performing religious poojas. The petitioner submitted his statement through his counsel on 19. 2006 and enclosed six documents. He claimed that 21. 1872 was the first Thaipoosam festival day. Vallalar gave the grandfather of the petitioner a mirror and a lamp and thus started the present pooja system. Thereafter, the same rituals are followed by his successors. The first document was the sign by Vallalar. The second document was the festival invitation held on 12. 1941. The third document was again the festival invitation, dated 2. 1942. The 4th and 5th documents are Thaipoosa festival documents. The sixth document was the list of trustees. 6. 2. On the basis of the above documents, the second respondent framed the following three issues: (i)Who had started rituals in the Sathiya Gnana Sabai from 21. 1872? (ii)When the Idol worship was started and when the Lingam was installed? (iii)Whether the present rituals are as per the tenets of Vallalar? 6. 6. 2. On the basis of the above documents, the second respondent framed the following three issues: (i)Who had started rituals in the Sathiya Gnana Sabai from 21. 1872? (ii)When the Idol worship was started and when the Lingam was installed? (iii)Whether the present rituals are as per the tenets of Vallalar? 6. 3. In respect of these three issues, the authority found that there is no clear indication that the present rituals were as per the document No.1. The document did not even contain the year, date, day. The signatures of Sabapathy Sivachariar and Vallalar could not be identified. The truthfulness of the document was not proved. It is claimed through document No.6 that Sabapathy Sivachariar was the trustee upto 111. 1903 and because of ill-health, by a transfer deed, he had transferred the trusteeship to his son and daughter-in-law. Thereafter, after his death, Sabanatesa Sivachariar and his son-in-law Panchabagesa Sivachariar became trustees. From the time when Thaipoosam festival was started, the place, time and date as to when Thaipoosam festival was started and to the earlier period from when the present rituals were done were not proved. Further, Sabapathy Sivachariar was continued to be a trustee was also not proved. It was also not proved that the trustees themselves were also poojaris at that time. 6. 4. The Sathya Gnana Sabai though was established on 21. 1872, the worshipping methods were laid by the rules framed on 17. 1872. It has been clearly stated that it is the Jyothi form of worship that has to be performed. It was stated that from the time when Vallalar established Sathiya Gnana Sabai, there was only the worship of God in its Jyothi form alone and no other form was adopted. The present idol worship was started very recently. Such practice is clearly contrary to Jyothi form of worship. With reference to three issues, it was stated that the present form of worship was clearly contrary to the procedure laid down by Vallalar. The worship of Lingam and carrying out Pradhosha worship to it is contrary to the directives of Vallalar. There were several complaints received and a resolution was also passed in the trustees meet held on 8. 2005. Therefore, the petitioner before the Joint Commissioner failed to prove that the present rituals are carried out by him as ordained by Vallalar. The worship of Lingam and carrying out Pradhosha worship to it is contrary to the directives of Vallalar. There were several complaints received and a resolution was also passed in the trustees meet held on 8. 2005. Therefore, the petitioner before the Joint Commissioner failed to prove that the present rituals are carried out by him as ordained by Vallalar. On the contrary, the rituals should be practiced were laid down by Vallalar by his directive dated 17. 1872. 6. 5. The Joint Commissioner found that Vallalar himself had delineated the nature of worship and he stated that the worship will have to be done onlly in Jyothi form and not other form of rituals are to be practiced in Sathya Gnana Sabai. On the contrary, the Poojaris have installed religious idols inside the Sathya Gnana Sabai. After performing poojas each day two times from 11.30 to 12.00 Noon and 7.30 to 8.00 p.m. with Jyothi form, subsequently, other rituals were conducted by Poojaris without knowledge of public inside the Gnana Sabai. Thereafter, when they started openly performing poojas to the knowledge of devotees, protests started mounting and representations were given that such changes in the rituals are illegal. 7. Joint Commissioners Directives:- 1. Therefore, the Joint Commissioner gave directions by listing out the nature of worship as ordained by Vallalar himself, dated 17. 1872, which was published by Sathya Gnana Sabai in its publication as found at pages 551 to 553. The 12 rules extracted from the directive and incorporated as part of the order, are as follows: .(i) Those persons who belonged to Sanmarga Sangam, should follow the principles of Vallalar and should not have any desire over earth, gold and woman and it is they alone can maintain the Gnana Sabai. .(ii) Among those who are below 12 years and above 72 years alone can conduct rituals in Sathya Gnana Sabha. (iii) Persons who are doing the same must have purity of mind and body. .(iv) They should, after taking bath, cover their feet with a cloth and light the Jyothi kept in a box made up of tin and glass and after going inside the room must keep it on the stage. .(v) Once in four days, they should cover their feet with a cloth and after going inside the sanctum clean up the glass lamp as well as other places. .(v) Once in four days, they should cover their feet with a cloth and after going inside the sanctum clean up the glass lamp as well as other places. .(vi) They should not do other than what was stated above once inside the Sanctum. (vii) The key of Gnana Sabai should not be with one person permanently. After finishing it must be locked and the key should be kept in a box. Then the box also should be locked and must be kept in the golden Sabai. That room should be further locked and the key of that room should be handed over to the person guarding the place or the Administrative officer. (viii) Strict silence should be kept in the Sathiya Gnana Sabai campus. .(ix) Jyothi should be shown by keeping it in the box made of Tin and glass and it should be burnt with oil medium. .(x) When Jyothi was being shown, people must stand in silence without making noise and must chant the mantra "Arutperunjyothi" "Arutperunjyothi". .(xi) They should not have faith in the Vedas, Agamas, Puranas and Itihas. (xii) They should have not faith in other religions, like Saivism, Vaishnavism, Vedanta and Siddhanta. With these directives, the impugned order came to be passed. 8. Revision petition before the Commissioner: 8. 1. As against the order, as noted already, the petitioner went before the first respondent with two revision petitions. On those revision petitions, notices were given to the opposing parties. The authority, by a well considered order, dated 30.4.2007 rejected the revision petitions being R.P.Nos.71 and 72 of 2006. Before the revisional authority, the petitioner contended that Vallar considered Sathya Gnana Sabai, established by him, as a Siva Temple and was practicing Saiva Agama form of worship. Rituals were performed by the forefathers of the petitioner. To establish this, he made five submissions:- 8. 2. Vallalar wrote all his letters beginning with "c", "rptkak;" and signed as Chidambaram Ramalingam Pillai. Secondly, Sathiya Gnana Sabai is an another form of Chidambaram Chit Sabai. Thirdly, in "Aram Thirumurai", he had mentioned about Shiva and the worship of Shiva and about Chit Sabai at Chidambaram. Fourthly, Vallalar entrusted to Sabapathy Sivachariar all pooja articles which included Sivalingam, Doopa Deepa mirror. Fifthly, the rituals and poojas practiced at the time of inaugurating Sathiya Gnana Sabai are continued to be followed even today. 8. 3. Thirdly, in "Aram Thirumurai", he had mentioned about Shiva and the worship of Shiva and about Chit Sabai at Chidambaram. Fourthly, Vallalar entrusted to Sabapathy Sivachariar all pooja articles which included Sivalingam, Doopa Deepa mirror. Fifthly, the rituals and poojas practiced at the time of inaugurating Sathiya Gnana Sabai are continued to be followed even today. 8. 3. These arguments were countered by the private respondent by stating that while Sathiya Gnana Sabai was created as Deiva Nilayam by Vallalar, there is no proof to show that rituals are based upon Saiva Agama principle. Only for few years, the invitations for Thaipoosa festival were filed. Merely because it contained picture of Nataraja and the word "Anugnai" therein, it will not prove that Agama rituals were performed. In fact, those invitations were printed by the petitioners forefather unilaterally. If Vallalar wanted Sathya Gnana Sabai to follow Saiva Agama form of worship, he would have constructed it as Siva Temple. As per Saiva Agama principle, if a temple is established, Sivalingam would have been installed in the inner sanctorum. Such temples should have Sanctum Sanctorum, Artha Hall, Maha Hall and front hall. There would have been Nanthi installed before Lord Shiva. All these were absent in Sathiya Gnana Sabai. He had established Sathya Gnana Sabai as a worshipping place without any structure. There was no historical proof that Linga was consecrated by him followed by an Idol worship. Merely because, Aram Thirumurai was not published during his life time, it cannot be taken that Vallalar did not accept the contents of Aram Thirumurai. In the old Tamil tradition, there has never been any instance when an author himself had published his own writings. Old Tamil literature were discovered and copies were taken by subsequent researches and Tamil Scholars and thereafter published. The dictum laid down on 17. 1872 and in his various writings of Vallalar (including poems and letters) were authenticated. The first publication of Aram Thirumurai was made by Thirusirapuram Loganatha Chettiar in 1885, the publication of Birungimanagaram Ramasamy Mudaliar in 1896, Sa.Mu.Kandasamy Pillai in 1924, A Balakrishnapillai in 1931-32. The publication of Samarasa Sudha Sanmarga Sangham in 1932. In all these publications, Vallalars writings of Arutperunjyothi Agaval was found. Therefore, that it was written by Vallalar himself cannot be denied. 8. 4. The publication of Samarasa Sudha Sanmarga Sangham in 1932. In all these publications, Vallalars writings of Arutperunjyothi Agaval was found. Therefore, that it was written by Vallalar himself cannot be denied. 8. 4. The introductory remarks found in the publication will show that this was recorded at the time of Vallalar and written down by his disciples from time to time in notes form. What was found in the notes and those which were found in the handwriting of Vallalare are in harmony with each other. It can be proved that these writings were that of Vallalar. All of them were published even before 1900. Thereafter published regularly from 1920 to 1930 onwards. Therefore, no one can deny that the contents published were erroneous and not attributable to Vallalar. Though the petitioner had stated that certain parts of poems found in Aram Thirumurai that Vallalar never deviated from Siva worship and the words "Sivan" and "Chitsabai" were referred to only Siva Temple and the Saiva religion, that by itself will not prove that Vallalar after introducing his own Samarasa Sanmarga Sangam continued to believe in the Siva worship. The word "Sivan" found in Aram Thirumurai referred to the God in general and "Chit Sabai" is a place where dance is performed by God. Since he got drawn to these ideas, he established the Sathya Gnana Sabai as a place of enlightenment. All the ideas expressed in Aram Thirumurai under the chapter "Gnanasariyai" clearly showed that all the contentions raised by the petitioner were contrary to facts. 8. 5. It was also found that Vallalar rejected the idol worship and emphasised Sanmargam as found in Aram Thirumurai and the various letters, notes taken by his disciples and devotees. In a magazine published by Vallalar for "Miracle", he had stated that the God represented in the form of Jyothi and he alone is the only truthful God and by understanding him alone gives pure knowledge. In the magazine called Truth, he had stated that the God found in the Sabai are not found in Purana or Jesus or Murthy, Devas or devotees or Yogi and Gnani. He had emphasised more often not to have faith in Vedas, Agamas, Puranas and Itihas. In all these texts, they have buried the reality of God. Similarly, he exhorted his followers not to believe in Saiva and Vaishnava religions and Vedanta and Siddanta. He had emphasised more often not to have faith in Vedas, Agamas, Puranas and Itihas. In all these texts, they have buried the reality of God. Similarly, he exhorted his followers not to believe in Saiva and Vaishnava religions and Vedanta and Siddanta. In all his subsequent writing he had mentioned God in abstract sense and in its hidden form and not in an explicit form. 8. 6. When after he established Samarasa Sanmarga Sangam in 1865, he made many changes in the practices. What was originally stated as Samarasa Veda Sanmarga Sangam in 1865, subsequently in 1872, he changed the name and called it as Samarasa Sudha Sanmarga Sathiya Sangam. It was only in that year, he established Sathiya Gnana Sabai. In between 1865 to 1872, his ideas expressed in verses underwent fundamental changes. His establishing formless God in the form of Jyothi was a progressive step towards the same. Vallalar had taken all his devotees of Sanmarga Sangh to Sathiya Gnana Sabai and converted them to practice formless worship. Merely because the words "Shiva" and "Chit Sabai" were referred to, that will not alter the basic philosophy of Vallalar. His claim regarding appointment of his forefather Adoor Sabapathy Sivachariar to perform poojas as per Saiva Agamas cannot be accepted. Only in 1869, Sabapathy Sivachariar came to Vadalur. Vallalar is a great Saint. In all his writings he expressed moderation and simplicity. It is the same humanitarian, Vallalar expressed to Sabapathy Sivachariat in 1868. This text was also published in the publication made by Sabapathy Sivachariar in 1932 and the publication made by Samarasa Sudha Sanmarga Sangam in the same year. Valllalars ordain dated 17. 1872 were in his handwritings. Since Sathiya Gnana Sabai was not established as per Agama Sashtra, no one can make Agama Sasthra rituals to be performed at Sathiya Gnana Sabai. The fact that certain pooja materials were given to forefather of petitioner along with written notes, was not proved beyond doubt. The findings to that effect rendered by the Joint Commissioner was not dislodged. 8. 7. In the list of trustees submitted by the petitioner, it is seen that it comprised of several men belonging to different castes. The list contains people belong to castes like Mudaliar, Iyer, Sivachariar, Reddiar, Chettiar as well as others. They were performing as trustees during different periods. 8. 7. In the list of trustees submitted by the petitioner, it is seen that it comprised of several men belonging to different castes. The list contains people belong to castes like Mudaliar, Iyer, Sivachariar, Reddiar, Chettiar as well as others. They were performing as trustees during different periods. May be on that basis, the petitioners forefather would have participated as a trustee. Merely because he was trustee at some point of time, that by itself cannot be proved that Siva worship had taken place in the Sathya Gnana Sabai. The fact that they were appointed as Archakas was also not proved. Even in the notice issued after Thaipoosam festival in January, 1872, one advertisement had appeared about the Sabai and thereafter, on 14. 1872, "Arutperunjyothi Agaval" was published by him. In the explanatory note for the Agaval, one Ananda Nadha Sanmuga Saranalaya Swamigal had stated about removal of curtains as done in the Sathiya Gnana Sabai, which was only on the basis of the explanation given for the curtain that were hung in the Sabai. Vallalar himself in the publication called "Gnanasabai Vilakka Vibhava Pathirigai" has given his dictum regarding the form of worship, was also not proved. This advertisement was not found in the book published by Balakrishna Pillai. Signatures found in that advertisement does not tally with the other signatures of Vallalar. 8. 8. The fact that he was beginning the letters with "c", "rptkak;" was denied by respondents. After he attained enlightenment, he never used those letters in any other communications. It was also stated that the HE&CE Department did not take over the Sabai. The word Thirukoil found in Section 6(20) of the HR&CE Act merely defines a place related to worship. It does not indicate there should be idol worship in such places. Even without idol worship, a place can be used as a place of worship and such a place will come within the control of the HR&CE Department. It was only on that basis, the institution was taken over by the HR&CE Department. In a letter written by Thozhudavur Velayutha Mudaliar, the first disciple of Vallalar, to the Theosophical society, he referred to the fact that since Vallalar had condemned the caste difference, he was not supported by majority, but persons belonging to all communities were surrounding him in big number. He never recited anything contrary to nature. In a letter written by Thozhudavur Velayutha Mudaliar, the first disciple of Vallalar, to the Theosophical society, he referred to the fact that since Vallalar had condemned the caste difference, he was not supported by majority, but persons belonging to all communities were surrounding him in big number. He never recited anything contrary to nature. His "Marg" is strictly on scientific basis. In few teachings by Vallalar, he stated that God is truth and love shown to all lives and only that love kindles the nature in the light form. If only people can understand the hidden divine power in them, they can even get over gravity of Universe and the natural law. They can keep rare power in them. 9. It was also stated that Vallalar was a great Saint of 19th Century and a great Gnani. After Buddha, he was the first one to start a society to spread his own Marg. He founded the society without any caste distinction and only on the basis of human love. His search for truth is based on a long path. Each stage of his path reflected the stage of human proof. Until the establishment of Sathiya Gnana Sabai, he was reflecting Saiva Religion. After he found that the idol worship will not remove caste and race distinction, he invented the Jyothi form of worship. Therefore, it is only after he got enlightenment of seeing Jyothi darshan, he established Sathiya Gnana Sabai. Sathiya Gnana Sabai is an unique worship centre. He himself evolved the form of worship. His idea found in Aram Thirumurai is to take away the people from the form of idol worship to the form of Jyothi worship. The first five Thirumurais, he emphasised on the idol worship. Aram Thirumurai is as per the teachings of Vallalar, had emphasised pure Sanmargam and applied it only to those who are his followers. The persons who follow such principles are the believers in pure Sanmargam and integration of all souls. It is based upon love for all living things. All historical facts and truth were attempted to be hidden by the petitioner. Therefore, the order passed by the Joint Commissioner, dated 19. 2006 was perfectly in tune with the teachings of Vallalar. Sathiya Gnana Sabai can only be conducted in the light of the teachings of Vallalar. It is based upon love for all living things. All historical facts and truth were attempted to be hidden by the petitioner. Therefore, the order passed by the Joint Commissioner, dated 19. 2006 was perfectly in tune with the teachings of Vallalar. Sathiya Gnana Sabai can only be conducted in the light of the teachings of Vallalar. Therefore, a duty is cast upon to the Board of Trustees and the Executive Officer to conduct prayer only as per the dictum of Vallalar. With these directives, the revision petitions filed by the petitioner were dismissed. 9. HR&CE Department defends the order: 1. The first respondent in his counter affidavit, dated 30.8.2007 had reemphasised these facts. It was also stated that the Commissioner had exercised his power under Section 21 of the HR&CE Act. If the petitioner so aggrieved, he could have moved the Government under Section 114 of the Act. The petitioner no where contended that declaration is to be made only under Section 63. In fact in the present case, the customs and usage are not sought to be changed, but only re-emphasised as per the dictum laid down by Vallalar. 2. In paragraph 13(xiii) and 14 of the counter, it was stated as follows: "13(xiii).....While establishing the Sathya Gnana Sabhai, if Valalar had followed the worship, rituals as per the Saivagamas, he would have constructed the Sathya Gnana Sabhai as a Siva temple as per Saivagamas. If a temple is built according to Saivagamas, Sivalingam" ought to have been instaled in the Sanctum Sanctorum; there shall be a Sanctum Sanctorum, Artha Mandapam, Maha Mandapam and Front Mandapam in the Temple. Further, the idol of Nandhi should have been instaled in front of the Shivalingam. There are no such features in the Sathya Gnana Sabai. Vallalar had established the Sathya Gnana Sabai as a completely different type of place of worship without any of the features based on Saivagama. When the Sabhai had thus been established as a completely different place of worship having nothing to do with Saivagamas, there is no reason to perform idol worship, prodhosha kalapooja and abishegam in the Sabhs depicting as if it is a Siva Temple." .... 14. Shri Ramalinga Adigal (Vallalar) was a great saint born in the 19th centuty A.D. He is one who founded an association exclusively for religious faith, probably next to Lord Buddha. 14. Shri Ramalinga Adigal (Vallalar) was a great saint born in the 19th centuty A.D. He is one who founded an association exclusively for religious faith, probably next to Lord Buddha. The principle of showing love towards all living beings, disregarding other difference like caste etc. was the philosophy on which he founded the organization. The path travelled by Vallalar in search of wisdom is very long. Every stage of this path reflects a particular stage of man who seeks to reach God. Vallalar was preaching the people about the general principles of Saiva religion until he established the Sathya Gnana Sabai. Vallalar had thought that discrimination of people on the basis of caste and creed could not be eradicated if idol worship is followed and for that reason, for the enlightened the members of Samarasa Sanmarga Sangam, he established the Sathya Gnana Sabai and started Jyothi worship there. Arutperum Jyothi Agaval was written by Vallalar himself." 10. Private respondents plea: 1. In the counter affidavit filed by the third respondent, he had stated that the order passed by the Joint Commissioner cannot be construed to be an order under Section 63. If that was so, an appeal can be filed only under Section 69 of the HR&CE Act. After preliminary objections raised, the third respondent had stated in paragraphs 10 and 20 as follows: "10....the writ petitioner is not a Hereditary Archaha as claimed by him. It is categorically held by the respondents 1 and 2 that he is neither an Archaha nor an employee of the Department, hence he is a stranger to the institution, and he did not produce any documentary evidence to substantiate his claim. Originally Shri Vallalar have faith in Saivatism, but in the year 1874 (Tamil Aipasi 7 @ 8.00 Am at Mettukuppam during his propagation had declared. "My faith in the Saivatism earlier could not be measured. The benefit I have earned after throwing away the religious faiths is that, now I am before you. Likewise, if you (the people) free yourself from that belief, you could also gain a lot like me. When I was in the religious hold I had limited knowledge only. The religious men without actually knowing the truthfulness of the Almighty (God) preach meaningless words and means. They had buried and sealed the truthfulness of the God. Likewise, if you (the people) free yourself from that belief, you could also gain a lot like me. When I was in the religious hold I had limited knowledge only. The religious men without actually knowing the truthfulness of the Almighty (God) preach meaningless words and means. They had buried and sealed the truthfulness of the God. So, do enquiry and indulge carefully on the promulgation indicated shown by me". His Holiness further stated that No one do not have any faith in Saivatism, Vaishnavism, Vedhantha and Sidhantha and His Holiness requested his Devotees only to follow his preachings. Apart from that it is also not proved by a writ petition that the Crystal Lingam was handed over to the predecessor of the petitioner by Vallalar. It is totally false to say that the Poojas were conducted according to Saiva Agamic Rules in "Gnana Sabhai" at Vadalur. .... 20....His Holiness by His promulgation has brought to light various components of cosmos and its secret and the microcosm in the human body, the relationship between cosmos and humans, the ways and means to reach and realize the facts of the above. His Holiness has preached that it is only through "Jeevakarunyam" (compassion etc.) the only essentiality to attain the Spiritual God and that His Holiness emphatically informed that the following of mere rituals and ceremonies cannot show the path to realization. In fact His Holiness has devised a table of principles and doctrines to be followed for attainment of the above ambition and for attaining deathless body (Saganilai). We also submit that at a time when the thoughts of His Holiness is gaining wide reception all over the Universe, the act of the petitioner in bringing down the very though and essence of His Holiness to a level of idol worship not only is derogatory but also disthoughts the very truth promulgated by His Holiness and if permitted to continue the day is not far away when the whole world will be loser to gain a philosophy enunciated not by an outsider but a son of our Country." 11.Sabhai authorities stand: 1. In the counter affidavit filed by the Executive Officer and the fifth respondent, it was averred as follows: "9.According to the above Vallarlars teachings of Suddha Sanmarga, is to deny the rituals of any Agama or Vedha. In the counter affidavit filed by the Executive Officer and the fifth respondent, it was averred as follows: "9.According to the above Vallarlars teachings of Suddha Sanmarga, is to deny the rituals of any Agama or Vedha. Only to establish this, Vallalar founded Sathya Gnana Sabai at Vadalur, which is not similar to Thillai-Chidambaram Nataraja Shrine or Temple construction or plane. Even the full name for Sabai was revealed as Samarasa Suddha Sanmarga Sathya Gnana Sabai. Even according to list of documents No.4 Gnana Sabai Vilamparam, written by Valalar himself and revealed by him on 18-7-1872, it is obviously true, evident and certain that the Universal Gnana Sabai was not for any ritual or any practice of sectarian philosophy. ..... 15.....So, it is evident from the above statements and old writings, only after 10 years after the establishment of Gnana Sabai, Adoor Sababathi Sivachariyar became poojakar. The first service done by Sivachariyar was to keep Guard and watch over Gnana Sabai. This is fundamental truth....." 16....no one member of his family from the late Adoor Sivachariyar, the first poojakar up to the present poojakar was not legal Trustee as appointed by the Government and also they are not the Hereditary servant poojakars. They themselves declared as Trustees. There are no documents issued by Government supported for their Trusteeship. If the petitioners family had became the hereditary Trustees till 1936 same rights of Trusteeship could have been entrusted even after 1936. But, there is no evidence for that Trustee appointment by any authority. Consequently Sababathi Sivachariyar was neither Hereditary poojakar nor the legally accepted Trustee. It is submitted that Sababathi Sivachariyar on 4-7-1893 put up an advertisement claiming himself as Trustee and hence a counter statement was published in the name of Trustee Maruppu in January 1896. This fact is also mentioned in the Vadalur Varalaru. .... 20....The pooja of Gnana Sabai at Vadalur founded by Vallalar refers only to the worship of jothi. There is no provision to conduct any ritualistic saiva agama prctice of idol worship, linga pooja or prathosha pooja. There should be ony conducting of jothi worship, according to the rules of sanmarga as instructed by Vallalar. Only this is being the usual pooja method, curiously the petitioner only started inducting Idol worship, prathosa pooja, linga pooja etc., since about past 2 or 3 years. There should be ony conducting of jothi worship, according to the rules of sanmarga as instructed by Vallalar. Only this is being the usual pooja method, curiously the petitioner only started inducting Idol worship, prathosa pooja, linga pooja etc., since about past 2 or 3 years. The inter-mediary interpolation method of unusual and improper way of pooja worship by the previous poojakar Sabanatha Oli could not and should not be taken as the permanent and traditional pooja method and the result is the real usual method of worship at Gnanasabai is only jothi worship following Vallalars Sanmargam. .... 23(g)....But according to the book Vadalur Varalaru written by Ooran Adigal, Ex-chairman, Board of Trustees, it has been mentioned at Page No.103, the first pooja at Gnana Sabai began on 25/1/1872 as per pooja rules laid down by Vallalar. The first poojakar by the name of Rathinam Oodhuvar of age below (12) twelve and also another elder Thiru Malaiswamy aged about 72 years did pooja service. The pooja rules given and laid down in the preaching of Vallalar were followed even during life time and had continuously came into operation even after that and even today from 17-5-2007 upto date. For about 2 or 3 years the petitioner, the previous poojakar had inducted or interpolated ritual based saiva agama poojas which had been stopped from 17/5/2007, 10 A.M. when the petitioner got relieved from pooja service. Only jothi pooja worship is being conducted from 17-5-2007 as per the custom and usage followed in the Sabhai for over 100 years. The petitioner Sabanatha Oli was not permitted to do poojas according to Saiva Agama and the Petitioner has handed over all the items used in Sabhai which was in his possession on 17-5-2007 10 A.M., in the presence of witnesses. o)......It is evident from his great Upadesam on 22-10-1873 that he himself commanded to change the Sadhana practice of Mantra of formula of Sivayanama to ARUTPERUNJOTHI ARUTPERUNJOTHI THANIPPERUNKARUNAI ARUTPERUNJOTHI Which is still in daily usage both in dharmasalai pooja, siddhi valaga pooja as well as sathya gnana sabai jothi pooja worship of prayer of reciting arutpa and Arutperunjothi Mantra. x)....The first pooja started on 21. 1872. Only after 1881 Adoor Sabapathy joined as poojakar, even then he performed poojas without the ritual agama form of symbols of sacred thread (Poonol) etc. x)....The first pooja started on 21. 1872. Only after 1881 Adoor Sabapathy joined as poojakar, even then he performed poojas without the ritual agama form of symbols of sacred thread (Poonol) etc. Only the petitioner was performing Idol worship, sivalinga worship, pradosha worship etc., for his own interest and selfish motive for the past few years. The petitioner cum the former poojakars ritual of (method) Saiva Agama procedure started 2 or three years cannot be accepted as usual and costomary procedure of worship. Only the jothi pooja worship according to his Sanmarka rules instructed by Vallalar and followed continuously from 21. 1872 should be taken as usual customary pooja practice. There is no change in the jothi pooja worship. The problem arose only when the petitioner interpolated saiva agama ritual worship of siva lingam etc. 2 years back with a view to change the usual and customary pooja and sanmargam, wounding the feelings of several followers of Vallalar." Judgment :- I. The Legend: TAMIL [O my brothers and sisters of the world! It is dawning in the east. The Sun of the Glory of Compassion and Grade is coming into view. The lotus of my heart is blooming in joy. The evil of my mind is losing its grip. The partisan quarrels and discords arising from castes, ashramas, sects, and dogmas are ceasing to be. Those who have long poured over many a false treatise have lost their faith, their speech and vocal power of noisy debate, Hark, my brothers and sisters! Do you not hear the unending roll of the drums of the Divine Spirit of the Supreme Lord, the one without an equal, and realize the Truth? Do you not hear that compassion towards all living beings is the one universal way of attaining Him?] TAMIL [O ye Men and Women of the world! Do come this way The supreme gracious glory, which has neither beginning nor middle nor end, has filled my mind in mercy. And I have become an eternal being. And I will establish ye in the broad day light of the one supreme ever existing. Lord beyond, removing from you the excrescences of caste, dogmas and sect The Truth is spoken, O ye Men and Women of the world Do come quick this way.] [Translation by A.Balakrishnan - Thiru Arutpa (1966)] 2.Vallalar - The Reformer:- 2. 1. And I will establish ye in the broad day light of the one supreme ever existing. Lord beyond, removing from you the excrescences of caste, dogmas and sect The Truth is spoken, O ye Men and Women of the world Do come quick this way.] [Translation by A.Balakrishnan - Thiru Arutpa (1966)] 2.Vallalar - The Reformer:- 2. 1. Vallalar (Ramalinga Pillai, Maruthur), made this revolutionary declaration in the late 19th century and ever since his spectre of Arutpa haunted throughout the length and breadth of Tamil Nadu. Though he was born on 010. 1823 and disappeared from this World on 30th January, 1874, only for a period of half a century, his mesmeric words and deeds had a sway over the people of Tamil Nadu continues and still has substantial following of the enlightened till date. He could attack the obscurantist caste bickerings and religious divides even 150 years before makes him an extraordinary human being. He was not a mere theosophist to wean persons from the material world and his teachings had relevance in his contemporary world. Of half century of his material existence during the first 40 years, after travelling widely and visiting many temples in Tamil Nadu got reflected in his hymns and verses. The last decade of his life saw a dramatic change in his outlook which based upon formless worship and his abundant love towards fellow human beings. Many of his words and deeds had remarkable influence not only on the people, but even on the colonial rulers of his time. 2. 2. He could attack religions and caste as false make ups. He could derail Agamas and Vedas, making any one amazed by his boldness. The following verses composed by him will show the same:- TAMIL The boundless benevolent Jothi enlightens that caste, religion and creed are false. TAMIL The boundless benevolent Jothi towering over the Crowns of Agamas and Vedas Transcends them TAMIL The boundless benevolent Jothi has appeared at the right moment when the bias of religion, caste etc. were eschewed. (Translated by Swami Saravananda) 2. 3. It will not be out of place to refer that the then colonial Government enacted The Caste Difficulties Removal Act, 1872. The Act safeguarded inter-caste marriages and declared them as valid provided parties getting married are above the prescribed age. were eschewed. (Translated by Swami Saravananda) 2. 3. It will not be out of place to refer that the then colonial Government enacted The Caste Difficulties Removal Act, 1872. The Act safeguarded inter-caste marriages and declared them as valid provided parties getting married are above the prescribed age. There was extraordinary coincidence between his campaign against caste conflicts and Government enacting a law safeguarding the rights of the people. 2. 4. The then Madras Presidency witnessed grave famines including the one at Kalahandi (presently in Orissa State) in 1866 which was seen in this part of the Country. People were dying in thousands for want of food. Vallalar so moved by the plight of common people, sang in desperation. He lamented and worried on seeing the withering crops. When Vallalar saw human sufferings it gave immense pain. The hungry faces he saw reminded him of withering ear of cereals falling for want of nourishment. He felt such profound compassion in his heart because God resided there. The feeling of compassion is given only for humans. Vallalar felt sad seeing the hungry faces and his compassionate heart went out to help them. When he saw a frail man, he felt himself to be frail. He prayed for disease-free life for all. It is this concern for the poor and downtrodden, this eagerness to wipe out poverty from the face of the earth that elevated Vallalar to the level of an outstanding and divine personality. His feelings poured out in the following lines which also became his famous quote: 5. He did not stop lamenting, but started during 1867 a gruel centre at Vadalur and started feeding all the poor, who visited Sathya Gnana Sabai without regard to caste, creed or religion. The fire that was lit by him is never put out and it continues till today. He considered "Annadanam" (feeding poor) as one of the great virtues. 6. His anger against the Almighty who makes the poor to suffer made him to question the God whether it was proper to keep the poor to suffer and give food. If such sufferings continued, he made it clear that he will not keep his patience. He prayed for the alleviation of all sufferings in the following lines: TAMIL 7. 6. His anger against the Almighty who makes the poor to suffer made him to question the God whether it was proper to keep the poor to suffer and give food. If such sufferings continued, he made it clear that he will not keep his patience. He prayed for the alleviation of all sufferings in the following lines: TAMIL 7. Even before Indian National Congress was formed and campaign for a Self rule, Vallalar expressed openly that a rule without compassion must end and persons with good principles and grace must rule;- TAMIL 2. 8. Naturally, when his reach and sweep was multiplying with great speed, he himself made an introspection and came out with new ideas, which were not spoken by him earlier. His ideas were unique and his social reform in him came to the fore. He was the forerunner among the thinkers of his age. Subsequently, to his Siddi as is always expected, persons who claim to be his followers tried to interpret his life and teachings in their own style. It is suffice to state that Vallalar did not leave any heir apparent or a "Ilaiyapeedam" as had happened in other Maths and Adinams. But, this gave rise to many bickerings. The present litigation arose out of one such attempt by a person who claims to be the follower of Vallalar. 3. Thepresent litigation: 3. 1. The petitioner in both the writ petitions is one and the same person. He claims to be the lineal descendant of late Adoor Sabhapathy Sivachariyar and hereditary Archaga of Sathya Gnana Sabai at Vadalur. Sathya Gnana Sabai was founded and established by Shri Chidambaram Ramalingam Maruthur and popularly known as Vallalar Ramalinga Adikal. 3. 2. In both these writ petitions, the petitioner seeks to challenge the order of the second respondent Joint Commissioner, Hindu Religious & Charitable Endowments Department (for short H.R.& C.E.), Villupuram, dated 19. 2006 and confirmed by the first respondent Commissioner, H.R.& C.E. Department, vide his order, dated 30.4.2007. 3. 3. When the matter came up on 7. 2007, notice was issued to the counsel for H.R.& C.E. Department. Accordingly, Mr.T.Chandrasekaran, learned Special Government Pleader, took notice. Subsequently, the Executive Officer and the Chairman, Board of Trustees of Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur got themselves impleaded as respondents 4 and 5. On behalf of the first respondent, a common counter affidavit, dated 30.8.2007 was filed. 2007, notice was issued to the counsel for H.R.& C.E. Department. Accordingly, Mr.T.Chandrasekaran, learned Special Government Pleader, took notice. Subsequently, the Executive Officer and the Chairman, Board of Trustees of Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur got themselves impleaded as respondents 4 and 5. On behalf of the first respondent, a common counter affidavit, dated 30.8.2007 was filed. The third respondent, who was a private respondent represented by his counsel, also filed his counter affidavit, dated 1. 2008. On behalf of impleaded respondents 4 and 5, a common counter affidavit, dated 29. 2007 was filed. 4. Petitioners contention: 4. 1. The petitioner claims that Vallalar was a staunch devotee of Lord Nataraja of Chidambaram. He devoted his entire life in propagating Saivatism. He had written many lyrics in praise of Lord Siva at Padi, Lord Subramaniar at Kandakottam and Goddess Vadivudaiamman at Thiruvotriyur. Vallalar had great respect for the forefather of the petitioner, i.e. Adoor Sabapathy Sivachariyar. They had discussion over various aspects of Saivatism. Vallalar had number of disciples and followers, who donated lands and cash gifts. According to the petitioner, Vallalar had strong belief that Lord Siva is the only ultimate God. Lord Nataraja at Chidambaram was considered by him as one of Sivas manifestation. He sung many poems in praise of Lord Nataraja, which were subsequently published as "Nangam Thirumurai". Vallalar wanted to establish a temple for Lord Nataraja at Vadalur with the funds donated by his devotees. He conceived and designed the architecture of the temple and made it in the form of Lotus leaves with "Ashtakonam Formation". While he labelled Chidambaram temple as Purva Gnana Sabhai, he named his temple at Vadalur as "Uttira Gnana Sabai". He installed a "Spatika Lingam" representing "Roopa/Arupa" manifestation of Lord Shiva. The seven curtains hung therein represented seven "Sakthis". He also put a plain glass and lamp behind the glass in the "Sanctum Sanctorum". The installation and consecration function were carried out by the forefather of the petitioner as per agamic rules on 21. 1872. 4. 2. It was claimed that from that day onwards, poojas were performed according to Saiva Agamic rules by Adoor Sabapathy Sivachariar. Vallalar had reposed full confidence on him and entrusted the administration of Sathya Gnana Sabai to Sabapathy Sivachariar. The said Sabapathy Sivachariar was the Managing Trustee and administrator of Sathya Gnana Sabai during his life time between 18. 1889 and 111. 1903. Vallalar had reposed full confidence on him and entrusted the administration of Sathya Gnana Sabai to Sabapathy Sivachariar. The said Sabapathy Sivachariar was the Managing Trustee and administrator of Sathya Gnana Sabai during his life time between 18. 1889 and 111. 1903. After his demise, his legal heirs were the trustees of Sathiya Gnana Sabai till 1936. The fact that Vallalar had recognised Agamic form of poojas can be seen from the letter written by Vallalar to Sivachariar on 6. 1868. The compilation of writings of Vallalar came to be labelled as "Thirumurai". The first five compilations were known as "Five Thirumurai". They were in praise of Lord Shiva, Lord Vinayaga and Lord Subramania. After consecration ceremony in the Sathiya Gnana Sabai, Vallalar went to Mettukuppam, which is 5 Kms. away from Vadalur. During the period from 1869 to 1873, he had written poems, the compilation of which came to be known as "Aram Thirumurai" (Sixth Thirumurai). The said compilation contained very many controversial issues. Vallalar himself decided not to publish "Aram Thirumurai" and ordained his disciples not to venture on publishing the "Aram Thirumurai". 4. 3. It was stated by the petitioner that after the establishment of H.R.&C.E. Department, the administration of the institution was taken over by the Government. The pooja system based on agamic injunctions started during the life time of Vallalar, were continued even after the administration was taken over by the Government. The Department itself had published various writings of Vallalar. It recognised the usage and custom followed by Sabai. The publications of "Deiva Nilayam" made in 2003 carried out information about the usage and custom followed by the Sabai which clearly revealed that Agama form of worship was followed as was done by Adoor Sabapathy Sivachariar. The said publication also informed about Vallalars ordain to his disciples not to venture publication of "Aram Thirumurai". Contrary to his wishes, "Aram Thirumurai" was published during 1885. 4. 4. The petitioner claimed that the third respondent who claims to be the follower of Vallalars teachings, sent a representation to the HR&CE Department and complained about the wrong rituals performed at Vadalur which is contrary to the philosophy propounded by Vallalar as well as his directions issued on 112. 1872. On the basis of the complaint, the Joint Commissioner, HR&CE, Villupuram (second respondent) was directed by the first respondent to conduct an enquiry. 1872. On the basis of the complaint, the Joint Commissioner, HR&CE, Villupuram (second respondent) was directed by the first respondent to conduct an enquiry. Pursuant to the same, the petitioner was issued with a notice to appear for the enquiry. The enquiry conducted by the Joint Commissioner was administrative in nature. The said officer directed the petitioner to give statement regarding usage and custom followed in the Sabai. It was also furnished by the petitioner. Though the third respondent had sent a complaint, he neither examined himself nor filed any records to substantiate his claim. The second respondent did not conduct any proceedings as per the procedure contemplated under Section 63 of the HR&CE Act. According to the petitioner, if any dispute has to be tried under Section 63(e), it can be done only in the manner provided under the Act and the procedure is quasi judicial in nature. However, without due regard to the custom and usage in the Sathiya Gnana Sabai and without following due procedure under Section 63, the second respondent passed the impugned order, dated 18.09.2006. By the said order, he had directed certain forms of rituals to be performed as if those rituals were ordained by Vallalar as per his letter dated 112. 1872. Further, direction was given to stop all other forms of rituals which is conducted for the last 136 years. 5. It was also claimed that the second respondent has no power under the Act to direct as to how any rituals can be performed in a religious institution. The Act do not empower the authority to decide the forms of rituals to be performed in any religious institutions. The Act only provides administration of property and the governance of the institutions. Nowhere, the Act gives power to department to interfere in the religious affairs of the institution. Such interferences are prohibited by the Constitutional rights guaranteed under Articles 25 and 26 of the Constitution. 5. Devotees complain: 5. 1. In the first impugned order, dated 19. 2006, it was stated that Arulmigu Vallalar Deiva Nilayam at Vadalur (Sathiya Gnana Sabai) was maintained by the department under Section 46(iii) and was declared as non hereditary trust. The Board of non hereditary trust and the Executive Officer were in-charge of the administration. The Assistant Commissioner, Cuddalore was nominated as the Thakkar. In the first impugned order, dated 19. 2006, it was stated that Arulmigu Vallalar Deiva Nilayam at Vadalur (Sathiya Gnana Sabai) was maintained by the department under Section 46(iii) and was declared as non hereditary trust. The Board of non hereditary trust and the Executive Officer were in-charge of the administration. The Assistant Commissioner, Cuddalore was nominated as the Thakkar. The third respondent in W.P.No.22886 of 2007 had filed a writ petition being W.P.No.4063 of 2006. One Subramanian also filed W.P.No.21457 of 2006 before this court. The relief claimed by them was to consider their representations, dated 23. 2006 and 6. 2006 respectively. In their complaint, they had alleged that the rituals and poojas performed in Sathiya Gnana Sabai are contrary to the principles and tenets of Vallalar. The two writ petitions were ordered on 24. 2006 and 17. 2006 and the department was directed to take action on those representations. 5. 2. The contentions raised by the two individuals (which included the third respondent) was that the Sathiya Gnana Sabai established by Vallalar at Vadalar transcend caste and religion. There is no discrimination between high class and low class people. It propagated non violence and the practice of vegetarianism. It is based on love and affection. The worship of God in formless fashion. In effect, it is in the form of "Jothi". Vallalar himself gave directions by his ordain, dated 17. 1872 regarding pooja method to be performed in the Sabai. But contrary to his directives, the idol worship and other different rituals were introduced, which were against the tenets laid by Vallalar. The writ petitioner herein installed Sivalingam in the Sathiya Gnana Sabai and started performing poojas to Sivalingam. When he was functioning as Poojari, on the day of Pradhosham, he performed poojas to the idol and started distributing "Sacred Ashes" (Vibhudi) to the devotees as well as "Naivedya Prasadam" (food offerings) to the worshippers. Therefore, the petitioner before the second respondent wanted the department to restore performance of poojas as ordered by Vallalar as per his directives, dated 17. 1872 which was published by Vallalar Deiva Nilayam and as per the customs and rules dated 25.01.1872. The publication themselves were done by Sathiya Gnana Sabai. 5. 3. It was based upon the said representations, the second respondent Joint Commissioner heard the matter after issuing notice to the petitioner. He conducted an enquiry on 17. 2006. 1872 which was published by Vallalar Deiva Nilayam and as per the customs and rules dated 25.01.1872. The publication themselves were done by Sathiya Gnana Sabai. 5. 3. It was based upon the said representations, the second respondent Joint Commissioner heard the matter after issuing notice to the petitioner. He conducted an enquiry on 17. 2006. That day, the Executive Officer of the Sabai (Sankaranarayanan), The Chairman of the trust (V.M.Shanmugam) and the other trustees Arutpa Annamalai and M.A.Rajan and the Accountant P.Gnanaprakasam appeared and gave their statements. 5. 4. It was stated before the Joint Commissioner that in the Sathiya Gnana Sabai, as per the directive of Vallalar, there can be worship of Jothi Dharshan. Even if a Brahmin wants to worship, he should remove his sacred thread, deny his caste identity and then can perform divine service. But, the petitioner contrary to the directives of Vallalar, had established inside the Sabai on its eastern side, a Lingam and practiced rituals including worship during Pradhosham period. The public made complaints. It was also stated that apart from worship of Jyothi, there is no other ritual can be performed in the Deiva Nilayam. In the enquiry held on 17. 2006, the temple Archakar (i.e. the petitioner) did not appear. The third respondent had appeared on 28. 2006 and gave statement stating that as ordained by Vallalar, dated 17. 1872, any children below 12 years or any person above 72 years are permitted to clean the Sathiya Gnana Sabai and light the lamp. But, the present Sivachariar is conducting rituals applying Sacred Ash and also doing Pradhosha rituals. Photographs to prove the same was also submitted. The publication made for 135th Thaipoosam festival was also produced to show that the pamphlet contained the details regarding Linga Pooja. 6. Joint Commissioner conducts an enquiry: 6. 1. On 18.09.2006, the Thakkar/Assistant Commissioner and the Executive Officer also gave statements. On both the statements, it was stated that Vallalars identity should not be obliterated by performing religious poojas. The petitioner submitted his statement through his counsel on 19. 2006 and enclosed six documents. He claimed that 21. 1872 was the first Thaipoosam festival day. Vallalar gave the grandfather of the petitioner a mirror and a lamp and thus started the present pooja system. Thereafter, the same rituals are followed by his successors. The first document was the sign by Vallalar. 2006 and enclosed six documents. He claimed that 21. 1872 was the first Thaipoosam festival day. Vallalar gave the grandfather of the petitioner a mirror and a lamp and thus started the present pooja system. Thereafter, the same rituals are followed by his successors. The first document was the sign by Vallalar. The second document was the festival invitation held on 12. 1941. The third document was again the festival invitation, dated 2. 1942. The 4th and 5th documents are Thaipoosa festival documents. The sixth document was the list of trustees. 6. 2. On the basis of the above documents, the second respondent framed the following three issues: (i)Who had started rituals in the Sathiya Gnana Sabai from 21. 1872? (ii)When the Idol worship was started and when the Lingam was installed? (iii)Whether the present rituals are as per the tenets of Vallalar? 6. 3. In respect of these three issues, the authority found that there is no clear indication that the present rituals were as per the document No.1. The document did not even contain the year, date, day. The signatures of Sabapathy Sivachariar and Vallalar could not be identified. The truthfulness of the document was not proved. It is claimed through document No.6 that Sabapathy Sivachariar was the trustee upto 111. 1903 and because of ill-health, by a transfer deed, he had transferred the trusteeship to his son and daughter-in-law. Thereafter, after his death, Sabanatesa Sivachariar and his son-in-law Panchabagesa Sivachariar became trustees. From the time when Thaipoosam festival was started, the place, time and date as to when Thaipoosam festival was started and to the earlier period from when the present rituals were done were not proved. Further, Sabapathy Sivachariar was continued to be a trustee was also not proved. It was also not proved that the trustees themselves were also poojaris at that time. 6. 4. The Sathya Gnana Sabai though was established on 21. 1872, the worshipping methods were laid by the rules framed on 17. 1872. It has been clearly stated that it is the Jyothi form of worship that has to be performed. It was stated that from the time when Vallalar established Sathiya Gnana Sabai, there was only the worship of God in its Jyothi form alone and no other form was adopted. The present idol worship was started very recently. Such practice is clearly contrary to Jyothi form of worship. It was stated that from the time when Vallalar established Sathiya Gnana Sabai, there was only the worship of God in its Jyothi form alone and no other form was adopted. The present idol worship was started very recently. Such practice is clearly contrary to Jyothi form of worship. With reference to three issues, it was stated that the present form of worship was clearly contrary to the procedure laid down by Vallalar. The worship of Lingam and carrying out Pradhosha worship to it is contrary to the directives of Vallalar. There were several complaints received and a resolution was also passed in the trustees meet held on 8. 2005. Therefore, the petitioner before the Joint Commissioner failed to prove that the present rituals are carried out by him as ordained by Vallalar. On the contrary, the rituals should be practiced were laid down by Vallalar by his directive dated 17. 1872. 6. 5. The Joint Commissioner found that Vallalar himself had delineated the nature of worship and he stated that the worship will have to be done onlly in Jyothi form and not other form of rituals are to be practiced in Sathya Gnana Sabai. On the contrary, the Poojaris have installed religious idols inside the Sathya Gnana Sabai. After performing poojas each day two times from 11.30 to 12.00 Noon and 7.30 to 8.00 p.m. with Jyothi form, subsequently, other rituals were conducted by Poojaris without knowledge of public inside the Gnana Sabai. Thereafter, when they started openly performing poojas to the knowledge of devotees, protests started mounting and representations were given that such changes in the rituals are illegal. 7. Joint Commissioners Directives:- 1. Therefore, the Joint Commissioner gave directions by listing out the nature of worship as ordained by Vallalar himself, dated 17. 1872, which was published by Sathya Gnana Sabai in its publication as found at pages 551 to 553. The 12 rules extracted from the directive and incorporated as part of the order, are as follows: .(i) Those persons who belonged to Sanmarga Sangam, should follow the principles of Vallalar and should not have any desire over earth, gold and woman and it is they alone can maintain the Gnana Sabai. .(ii) Among those who are below 12 years and above 72 years alone can conduct rituals in Sathya Gnana Sabha. .(ii) Among those who are below 12 years and above 72 years alone can conduct rituals in Sathya Gnana Sabha. (iii) Persons who are doing the same must have purity of mind and body. .(iv) They should, after taking bath, cover their feet with a cloth and light the Jyothi kept in a box made up of tin and glass and after going inside the room must keep it on the stage. .(v) Once in four days, they should cover their feet with a cloth and after going inside the sanctum clean up the glass lamp as well as other places. .(vi) They should not do other than what was stated above once inside the Sanctum. (vii) The key of Gnana Sabai should not be with one person permanently. After finishing it must be locked and the key should be kept in a box. Then the box also should be locked and must be kept in the golden Sabai. That room should be further locked and the key of that room should be handed over to the person guarding the place or the Administrative officer. (viii) Strict silence should be kept in the Sathiya Gnana Sabai campus. .(ix) Jyothi should be shown by keeping it in the box made of Tin and glass and it should be burnt with oil medium. .(x) When Jyothi was being shown, people must stand in silence without making noise and must chant the mantra "Arutperunjyothi" "Arutperunjyothi". .(xi) They should not have faith in the Vedas, Agamas, Puranas and Itihas. (xii) They should have not faith in other religions, like Saivism, Vaishnavism, Vedanta and Siddhanta. With these directives, the impugned order came to be passed. 8. Revision petition before the Commissioner: 8. 1. As against the order, as noted already, the petitioner went before the first respondent with two revision petitions. On those revision petitions, notices were given to the opposing parties. The authority, by a well considered order, dated 30.4.2007 rejected the revision petitions being R.P.Nos.71 and 72 of 2006. Before the revisional authority, the petitioner contended that Vallar considered Sathya Gnana Sabai, established by him, as a Siva Temple and was practicing Saiva Agama form of worship. Rituals were performed by the forefathers of the petitioner. To establish this, he made five submissions:- 8. 2. Vallalar wrote all his letters beginning with "c", "rptkak;" and signed as Chidambaram Ramalingam Pillai. Rituals were performed by the forefathers of the petitioner. To establish this, he made five submissions:- 8. 2. Vallalar wrote all his letters beginning with "c", "rptkak;" and signed as Chidambaram Ramalingam Pillai. Secondly, Sathiya Gnana Sabai is an another form of Chidambaram Chit Sabai. Thirdly, in "Aram Thirumurai", he had mentioned about Shiva and the worship of Shiva and about Chit Sabai at Chidambaram. Fourthly, Vallalar entrusted to Sabapathy Sivachariar all pooja articles which included Sivalingam, Doopa Deepa mirror. Fifthly, the rituals and poojas practiced at the time of inaugurating Sathiya Gnana Sabai are continued to be followed even today. 8. 3. These arguments were countered by the private respondent by stating that while Sathiya Gnana Sabai was created as Deiva Nilayam by Vallalar, there is no proof to show that rituals are based upon Saiva Agama principle. Only for few years, the invitations for Thaipoosa festival were filed. Merely because it contained picture of Nataraja and the word "Anugnai" therein, it will not prove that Agama rituals were performed. In fact, those invitations were printed by the petitioners forefather unilaterally. If Vallalar wanted Sathya Gnana Sabai to follow Saiva Agama form of worship, he would have constructed it as Siva Temple. As per Saiva Agama principle, if a temple is established, Sivalingam would have been installed in the inner sanctorum. Such temples should have Sanctum Sanctorum, Artha Hall, Maha Hall and front hall. There would have been Nanthi installed before Lord Shiva. All these were absent in Sathiya Gnana Sabai. He had established Sathya Gnana Sabai as a worshipping place without any structure. There was no historical proof that Linga was consecrated by him followed by an Idol worship. Merely because, Aram Thirumurai was not published during his life time, it cannot be taken that Vallalar did not accept the contents of Aram Thirumurai. In the old Tamil tradition, there has never been any instance when an author himself had published his own writings. Old Tamil literature were discovered and copies were taken by subsequent researches and Tamil Scholars and thereafter published. The dictum laid down on 17. 1872 and in his various writings of Vallalar (including poems and letters) were authenticated. The first publication of Aram Thirumurai was made by Thirusirapuram Loganatha Chettiar in 1885, the publication of Birungimanagaram Ramasamy Mudaliar in 1896, Sa.Mu.Kandasamy Pillai in 1924, A Balakrishnapillai in 1931-32. The dictum laid down on 17. 1872 and in his various writings of Vallalar (including poems and letters) were authenticated. The first publication of Aram Thirumurai was made by Thirusirapuram Loganatha Chettiar in 1885, the publication of Birungimanagaram Ramasamy Mudaliar in 1896, Sa.Mu.Kandasamy Pillai in 1924, A Balakrishnapillai in 1931-32. The publication of Samarasa Sudha Sanmarga Sangham in 1932. In all these publications, Vallalars writings of Arutperunjyothi Agaval was found. Therefore, that it was written by Vallalar himself cannot be denied. 8. 4. The introductory remarks found in the publication will show that this was recorded at the time of Vallalar and written down by his disciples from time to time in notes form. What was found in the notes and those which were found in the handwriting of Vallalare are in harmony with each other. It can be proved that these writings were that of Vallalar. All of them were published even before 1900. Thereafter published regularly from 1920 to 1930 onwards. Therefore, no one can deny that the contents published were erroneous and not attributable to Vallalar. Though the petitioner had stated that certain parts of poems found in Aram Thirumurai that Vallalar never deviated from Siva worship and the words "Sivan" and "Chitsabai" were referred to only Siva Temple and the Saiva religion, that by itself will not prove that Vallalar after introducing his own Samarasa Sanmarga Sangam continued to believe in the Siva worship. The word "Sivan" found in Aram Thirumurai referred to the God in general and "Chit Sabai" is a place where dance is performed by God. Since he got drawn to these ideas, he established the Sathya Gnana Sabai as a place of enlightenment. All the ideas expressed in Aram Thirumurai under the chapter "Gnanasariyai" clearly showed that all the contentions raised by the petitioner were contrary to facts. 8. 5. It was also found that Vallalar rejected the idol worship and emphasised Sanmargam as found in Aram Thirumurai and the various letters, notes taken by his disciples and devotees. In a magazine published by Vallalar for "Miracle", he had stated that the God represented in the form of Jyothi and he alone is the only truthful God and by understanding him alone gives pure knowledge. In a magazine published by Vallalar for "Miracle", he had stated that the God represented in the form of Jyothi and he alone is the only truthful God and by understanding him alone gives pure knowledge. In the magazine called Truth, he had stated that the God found in the Sabai are not found in Purana or Jesus or Murthy, Devas or devotees or Yogi and Gnani. He had emphasised more often not to have faith in Vedas, Agamas, Puranas and Itihas. In all these texts, they have buried the reality of God. Similarly, he exhorted his followers not to believe in Saiva and Vaishnava religions and Vedanta and Siddanta. In all his subsequent writing he had mentioned God in abstract sense and in its hidden form and not in an explicit form. 8. 6. When after he established Samarasa Sanmarga Sangam in 1865, he made many changes in the practices. What was originally stated as Samarasa Veda Sanmarga Sangam in 1865, subsequently in 1872, he changed the name and called it as Samarasa Sudha Sanmarga Sathiya Sangam. It was only in that year, he established Sathiya Gnana Sabai. In between 1865 to 1872, his ideas expressed in verses underwent fundamental changes. His establishing formless God in the form of Jyothi was a progressive step towards the same. Vallalar had taken all his devotees of Sanmarga Sangh to Sathiya Gnana Sabai and converted them to practice formless worship. Merely because the words "Shiva" and "Chit Sabai" were referred to, that will not alter the basic philosophy of Vallalar. His claim regarding appointment of his forefather Adoor Sabapathy Sivachariar to perform poojas as per Saiva Agamas cannot be accepted. Only in 1869, Sabapathy Sivachariar came to Vadalur. Vallalar is a great Saint. In all his writings he expressed moderation and simplicity. It is the same humanitarian, Vallalar expressed to Sabapathy Sivachariat in 1868. This text was also published in the publication made by Sabapathy Sivachariar in 1932 and the publication made by Samarasa Sudha Sanmarga Sangam in the same year. Valllalars ordain dated 17. 1872 were in his handwritings. Since Sathiya Gnana Sabai was not established as per Agama Sashtra, no one can make Agama Sasthra rituals to be performed at Sathiya Gnana Sabai. The fact that certain pooja materials were given to forefather of petitioner along with written notes, was not proved beyond doubt. Valllalars ordain dated 17. 1872 were in his handwritings. Since Sathiya Gnana Sabai was not established as per Agama Sashtra, no one can make Agama Sasthra rituals to be performed at Sathiya Gnana Sabai. The fact that certain pooja materials were given to forefather of petitioner along with written notes, was not proved beyond doubt. The findings to that effect rendered by the Joint Commissioner was not dislodged. 8. 7. In the list of trustees submitted by the petitioner, it is seen that it comprised of several men belonging to different castes. The list contains people belong to castes like Mudaliar, Iyer, Sivachariar, Reddiar, Chettiar as well as others. They were performing as trustees during different periods. May be on that basis, the petitioners forefather would have participated as a trustee. Merely because he was trustee at some point of time, that by itself cannot be proved that Siva worship had taken place in the Sathya Gnana Sabai. The fact that they were appointed as Archakas was also not proved. Even in the notice issued after Thaipoosam festival in January, 1872, one advertisement had appeared about the Sabai and thereafter, on 14. 1872, "Arutperunjyothi Agaval" was published by him. In the explanatory note for the Agaval, one Ananda Nadha Sanmuga Saranalaya Swamigal had stated about removal of curtains as done in the Sathiya Gnana Sabai, which was only on the basis of the explanation given for the curtain that were hung in the Sabai. Vallalar himself in the publication called "Gnanasabai Vilakka Vibhava Pathirigai" has given his dictum regarding the form of worship, was also not proved. This advertisement was not found in the book published by Balakrishna Pillai. Signatures found in that advertisement does not tally with the other signatures of Vallalar. 8. 8. The fact that he was beginning the letters with "c", "rptkak;" was denied by respondents. After he attained enlightenment, he never used those letters in any other communications. It was also stated that the HE&CE Department did not take over the Sabai. The word Thirukoil found in Section 6(20) of the HR&CE Act merely defines a place related to worship. It does not indicate there should be idol worship in such places. Even without idol worship, a place can be used as a place of worship and such a place will come within the control of the HR&CE Department. The word Thirukoil found in Section 6(20) of the HR&CE Act merely defines a place related to worship. It does not indicate there should be idol worship in such places. Even without idol worship, a place can be used as a place of worship and such a place will come within the control of the HR&CE Department. It was only on that basis, the institution was taken over by the HR&CE Department. In a letter written by Thozhudavur Velayutha Mudaliar, the first disciple of Vallalar, to the Theosophical society, he referred to the fact that since Vallalar had condemned the caste difference, he was not supported by majority, but persons belonging to all communities were surrounding him in big number. He never recited anything contrary to nature. His "Marg" is strictly on scientific basis. In few teachings by Vallalar, he stated that God is truth and love shown to all lives and only that love kindles the nature in the light form. If only people can understand the hidden divine power in them, they can even get over gravity of Universe and the natural law. They can keep rare power in them. 9. It was also stated that Vallalar was a great Saint of 19th Century and a great Gnani. After Buddha, he was the first one to start a society to spread his own Marg. He founded the society without any caste distinction and only on the basis of human love. His search for truth is based on a long path. Each stage of his path reflected the stage of human proof. Until the establishment of Sathiya Gnana Sabai, he was reflecting Saiva Religion. After he found that the idol worship will not remove caste and race distinction, he invented the Jyothi form of worship. Therefore, it is only after he got enlightenment of seeing Jyothi darshan, he established Sathiya Gnana Sabai. Sathiya Gnana Sabai is an unique worship centre. He himself evolved the form of worship. His idea found in Aram Thirumurai is to take away the people from the form of idol worship to the form of Jyothi worship. The first five Thirumurais, he emphasised on the idol worship. Aram Thirumurai is as per the teachings of Vallalar, had emphasised pure Sanmargam and applied it only to those who are his followers. His idea found in Aram Thirumurai is to take away the people from the form of idol worship to the form of Jyothi worship. The first five Thirumurais, he emphasised on the idol worship. Aram Thirumurai is as per the teachings of Vallalar, had emphasised pure Sanmargam and applied it only to those who are his followers. The persons who follow such principles are the believers in pure Sanmargam and integration of all souls. It is based upon love for all living things. All historical facts and truth were attempted to be hidden by the petitioner. Therefore, the order passed by the Joint Commissioner, dated 19. 2006 was perfectly in tune with the teachings of Vallalar. Sathiya Gnana Sabai can only be conducted in the light of the teachings of Vallalar. Therefore, a duty is cast upon to the Board of Trustees and the Executive Officer to conduct prayer only as per the dictum of Vallalar. With these directives, the revision petitions filed by the petitioner were dismissed. 9. HR&CE Department defends the order: 1. The first respondent in his counter affidavit, dated 30.8.2007 had reemphasised these facts. It was also stated that the Commissioner had exercised his power under Section 21 of the HR&CE Act. If the petitioner so aggrieved, he could have moved the Government under Section 114 of the Act. The petitioner no where contended that declaration is to be made only under Section 63. In fact in the present case, the customs and usage are not sought to be changed, but only re-emphasised as per the dictum laid down by Vallalar. 2. In paragraph 13(xiii) and 14 of the counter, it was stated as follows: "13(xiii).....While establishing the Sathya Gnana Sabhai, if Valalar had followed the worship, rituals as per the Saivagamas, he would have constructed the Sathya Gnana Sabhai as a Siva temple as per Saivagamas. If a temple is built according to Saivagamas, Sivalingam" ought to have been instaled in the Sanctum Sanctorum; there shall be a Sanctum Sanctorum, Artha Mandapam, Maha Mandapam and Front Mandapam in the Temple. Further, the idol of Nandhi should have been instaled in front of the Shivalingam. There are no such features in the Sathya Gnana Sabai. Vallalar had established the Sathya Gnana Sabai as a completely different type of place of worship without any of the features based on Saivagama. Further, the idol of Nandhi should have been instaled in front of the Shivalingam. There are no such features in the Sathya Gnana Sabai. Vallalar had established the Sathya Gnana Sabai as a completely different type of place of worship without any of the features based on Saivagama. When the Sabhai had thus been established as a completely different place of worship having nothing to do with Saivagamas, there is no reason to perform idol worship, prodhosha kalapooja and abishegam in the Sabhs depicting as if it is a Siva Temple." .... 14. Shri Ramalinga Adigal (Vallalar) was a great saint born in the 19th centuty A.D. He is one who founded an association exclusively for religious faith, probably next to Lord Buddha. The principle of showing love towards all living beings, disregarding other difference like caste etc. was the philosophy on which he founded the organization. The path travelled by Vallalar in search of wisdom is very long. Every stage of this path reflects a particular stage of man who seeks to reach God. Vallalar was preaching the people about the general principles of Saiva religion until he established the Sathya Gnana Sabai. Vallalar had thought that discrimination of people on the basis of caste and creed could not be eradicated if idol worship is followed and for that reason, for the enlightened the members of Samarasa Sanmarga Sangam, he established the Sathya Gnana Sabai and started Jyothi worship there. Arutperum Jyothi Agaval was written by Vallalar himself." 10. Private respondents plea: 1. In the counter affidavit filed by the third respondent, he had stated that the order passed by the Joint Commissioner cannot be construed to be an order under Section 63. If that was so, an appeal can be filed only under Section 69 of the HR&CE Act. After preliminary objections raised, the third respondent had stated in paragraphs 10 and 20 as follows: "10....the writ petitioner is not a Hereditary Archaha as claimed by him. It is categorically held by the respondents 1 and 2 that he is neither an Archaha nor an employee of the Department, hence he is a stranger to the institution, and he did not produce any documentary evidence to substantiate his claim. Originally Shri Vallalar have faith in Saivatism, but in the year 1874 (Tamil Aipasi 7 @ 8.00 Am at Mettukuppam during his propagation had declared. Originally Shri Vallalar have faith in Saivatism, but in the year 1874 (Tamil Aipasi 7 @ 8.00 Am at Mettukuppam during his propagation had declared. "My faith in the Saivatism earlier could not be measured. The benefit I have earned after throwing away the religious faiths is that, now I am before you. Likewise, if you (the people) free yourself from that belief, you could also gain a lot like me. When I was in the religious hold I had limited knowledge only. The religious men without actually knowing the truthfulness of the Almighty (God) preach meaningless words and means. They had buried and sealed the truthfulness of the God. So, do enquiry and indulge carefully on the promulgation indicated shown by me". His Holiness further stated that No one do not have any faith in Saivatism, Vaishnavism, Vedhantha and Sidhantha and His Holiness requested his Devotees only to follow his preachings. Apart from that it is also not proved by a writ petition that the Crystal Lingam was handed over to the predecessor of the petitioner by Vallalar. It is totally false to say that the Poojas were conducted according to Saiva Agamic Rules in "Gnana Sabhai" at Vadalur. .... 20....His Holiness by His promulgation has brought to light various components of cosmos and its secret and the microcosm in the human body, the relationship between cosmos and humans, the ways and means to reach and realize the facts of the above. His Holiness has preached that it is only through "Jeevakarunyam" (compassion etc.) the only essentiality to attain the Spiritual God and that His Holiness emphatically informed that the following of mere rituals and ceremonies cannot show the path to realization. In fact His Holiness has devised a table of principles and doctrines to be followed for attainment of the above ambition and for attaining deathless body (Saganilai). In fact His Holiness has devised a table of principles and doctrines to be followed for attainment of the above ambition and for attaining deathless body (Saganilai). We also submit that at a time when the thoughts of His Holiness is gaining wide reception all over the Universe, the act of the petitioner in bringing down the very though and essence of His Holiness to a level of idol worship not only is derogatory but also disthoughts the very truth promulgated by His Holiness and if permitted to continue the day is not far away when the whole world will be loser to gain a philosophy enunciated not by an outsider but a son of our Country." 11.Sabhai authorities stand: 1. In the counter affidavit filed by the Executive Officer and the fifth respondent, it was averred as follows: "9.According to the above Vallarlars teachings of Suddha Sanmarga, is to deny the rituals of any Agama or Vedha. Only to establish this, Vallalar founded Sathya Gnana Sabai at Vadalur, which is not similar to Thillai-Chidambaram Nataraja Shrine or Temple construction or plane. Even the full name for Sabai was revealed as Samarasa Suddha Sanmarga Sathya Gnana Sabai. Even according to list of documents No.4 Gnana Sabai Vilamparam, written by Valalar himself and revealed by him on 18-7-1872, it is obviously true, evident and certain that the Universal Gnana Sabai was not for any ritual or any practice of sectarian philosophy. ..... 15.....So, it is evident from the above statements and old writings, only after 10 years after the establishment of Gnana Sabai, Adoor Sababathi Sivachariyar became poojakar. The first service done by Sivachariyar was to keep Guard and watch over Gnana Sabai. This is fundamental truth....." 16....no one member of his family from the late Adoor Sivachariyar, the first poojakar up to the present poojakar was not legal Trustee as appointed by the Government and also they are not the Hereditary servant poojakars. They themselves declared as Trustees. There are no documents issued by Government supported for their Trusteeship. If the petitioners family had became the hereditary Trustees till 1936 same rights of Trusteeship could have been entrusted even after 1936. But, there is no evidence for that Trustee appointment by any authority. Consequently Sababathi Sivachariyar was neither Hereditary poojakar nor the legally accepted Trustee. There are no documents issued by Government supported for their Trusteeship. If the petitioners family had became the hereditary Trustees till 1936 same rights of Trusteeship could have been entrusted even after 1936. But, there is no evidence for that Trustee appointment by any authority. Consequently Sababathi Sivachariyar was neither Hereditary poojakar nor the legally accepted Trustee. It is submitted that Sababathi Sivachariyar on 4-7-1893 put up an advertisement claiming himself as Trustee and hence a counter statement was published in the name of Trustee Maruppu in January 1896. This fact is also mentioned in the Vadalur Varalaru. .... 20....The pooja of Gnana Sabai at Vadalur founded by Vallalar refers only to the worship of jothi. There is no provision to conduct any ritualistic saiva agama prctice of idol worship, linga pooja or prathosha pooja. There should be ony conducting of jothi worship, according to the rules of sanmarga as instructed by Vallalar. Only this is being the usual pooja method, curiously the petitioner only started inducting Idol worship, prathosa pooja, linga pooja etc., since about past 2 or 3 years. The inter-mediary interpolation method of unusual and improper way of pooja worship by the previous poojakar Sabanatha Oli could not and should not be taken as the permanent and traditional pooja method and the result is the real usual method of worship at Gnanasabai is only jothi worship following Vallalars Sanmargam. .... 23(g)....But according to the book Vadalur Varalaru written by Ooran Adigal, Ex-chairman, Board of Trustees, it has been mentioned at Page No.103, the first pooja at Gnana Sabai began on 25/1/1872 as per pooja rules laid down by Vallalar. The first poojakar by the name of Rathinam Oodhuvar of age below (12) twelve and also another elder Thiru Malaiswamy aged about 72 years did pooja service. The pooja rules given and laid down in the preaching of Vallalar were followed even during life time and had continuously came into operation even after that and even today from 17-5-2007 upto date. For about 2 or 3 years the petitioner, the previous poojakar had inducted or interpolated ritual based saiva agama poojas which had been stopped from 17/5/2007, 10 A.M. when the petitioner got relieved from pooja service. Only jothi pooja worship is being conducted from 17-5-2007 as per the custom and usage followed in the Sabhai for over 100 years. For about 2 or 3 years the petitioner, the previous poojakar had inducted or interpolated ritual based saiva agama poojas which had been stopped from 17/5/2007, 10 A.M. when the petitioner got relieved from pooja service. Only jothi pooja worship is being conducted from 17-5-2007 as per the custom and usage followed in the Sabhai for over 100 years. The petitioner Sabanatha Oli was not permitted to do poojas according to Saiva Agama and the Petitioner has handed over all the items used in Sabhai which was in his possession on 17-5-2007 10 A.M., in the presence of witnesses. o)......It is evident from his great Upadesam on 22-10-1873 that he himself commanded to change the Sadhana practice of Mantra of formula of Sivayanama to ARUTPERUNJOTHI ARUTPERUNJOTHI THANIPPERUNKARUNAI ARUTPERUNJOTHI Which is still in daily usage both in dharmasalai pooja, siddhi valaga pooja as well as sathya gnana sabai jothi pooja worship of prayer of reciting arutpa and Arutperunjothi Mantra. x)....The first pooja started on 21. 1872. Only after 1881 Adoor Sabapathy joined as poojakar, even then he performed poojas without the ritual agama form of symbols of sacred thread (Poonol) etc. Only the petitioner was performing Idol worship, sivalinga worship, pradosha worship etc., for his own interest and selfish motive for the past few years. The petitioner cum the former poojakars ritual of (method) Saiva Agama procedure started 2 or three years cannot be accepted as usual and costomary procedure of worship. Only the jothi pooja worship according to his Sanmarka rules instructed by Vallalar and followed continuously from 21. 1872 should be taken as usual customary pooja practice. There is no change in the jothi pooja worship. The problem arose only when the petitioner interpolated saiva agama ritual worship of siva lingam etc. 2 years back with a view to change the usual and customary pooja and sanmargam, wounding the feelings of several followers of Vallalar."