Judgment :- 1. The petitioner claiming to be the Co-ordinator of Siva Gana Pudha Gana Nadhar Isai Thiru Kootam at Virudhachalam has filed the present writ petition seeking the challenge the order dated 02.03.2012 passed by the third respondent Joint Commissioner, Hindu Religious and Charitable Endowment Department, Villupuram, as well as the order dated 13.07.2011 passed by the fifth respondent Executive Officer, Arulmigu Virudagirishwarar @ Pazahamalainadhar Temple, Virudhachalam and after setting aside the same, sought for a direction to the respondents to permit the petitioner and his group of Sivar Adiars to worship Lord Shiva with Tamil Isai Karuvigal in daily Arthajama Pooja and in the processions of the Idol of Lord Shiva in the Arulmigu Virudagirishwarar @ Pazahamalainadhar Temple, Virudhachalam. 2. When the writ petition came up for hearing on 20.06.2012, this Court directed Mr.S.Kandaswamy, learned Special Government Pleader (HR&CE) to take notice for the respondent Hindu Religious and Charitable Endowment Department. Subsequently, on behalf of the fifth respondent Executive Officer, Arulmigu Virudagirishwarar @ Pazahamalainadhar Temple, Virudhachalam, Mr.A.K.Sriram for M/s.A.S.Kailasam and Associates has entered appearance. 3. The third respondent has filed filed a counter affidavit dated 17.07.2012 and the fifth respondent has filed a counter affidavit dated 04.07.2012. 4. The case of the petitioner was that he is a disciple of Lord Shiva and combined with many other disciples of Lord Shiva, he has formed a self interested group called "The Siva Gana Bhuda Gana Nadhar Arthasama Isaikuzhu -Sivanadiyar Thirukootam". They visit various Shiva Temples and performed their duties to Lord Shiva by playing ancient Tamil instruments, such as Thiruchinnam, Thiru Udal, Thirusangu, Kombu, Ekalam, Nagara, Bramha Thalam, Thitheri etc., at the time of Arthasama Pooja to Lord Shiva and during the processions of the Idol of Lord Shiva. They also used to clean Shiva Temples. The fifth respondent Temple is located in Virudhachalam and the Temple is an ancient one and Virudhachalam Town itself is named after Lord Virudhagirishwarar. The great Tamil Poets and Shiva Disciples such as Appar / Thirunavukarasar, Sundharar and Thirugnana Sambandhar have sung in praise of the Lord. In the olden days, all the rituals were performed based on Tamil tradition. From the monuments and ancient Tamil Literature, the petitioner's Group came to know that in all the important Shiva Temples, the aforesaid Tamil instruments used to be played / performed during Poojas and processions. In the olden days, all the rituals were performed based on Tamil tradition. From the monuments and ancient Tamil Literature, the petitioner's Group came to know that in all the important Shiva Temples, the aforesaid Tamil instruments used to be played / performed during Poojas and processions. It is mandatory that such instruments are to be played before Arthasama Poojas and during the Street processions. The petitioner Group also searched for the instruments and bought them at their own costs. When the temple deity is to be taken out, they used to perform music with those instruments and they have been doing the same for the past six years. They do not receive any contribution from the public. On 05.07.2010, the Executive Officer of the Temple issued an order preventing them from performing the ritual of playing the ancient Tamil instruments in the Temple. They made a representation to the Joint Commissioner and sought for his permission to perform their devotion. However, by an order dated 07.07.2011, the petitioners were banned from playing the Tamil music instruments. On 14.12.2011, they gave a representation to the Joint Commissioner. However, by an order dated 02.03.2012, the petitioners were banned from exercising their customary religious right by playing the Tami lsai Karuvigal in the fifth respondent Temple. It is therefore stated that restraining the petitioners from performing the music in Tamil instruments is against the Agamam principles under which the Temple was established and it also amounts to violation of Article 25 of the Constitution of India. In the order dated 13.07.2011, the petitioners were informed that unless they have written orders of permission, they cannot be permitted to play the instruments and their actions are obstructing the regular rituals being carried out in the said temple. They are also coming in a group of 50 and are fighting and creating a disharmony. If their service are required, they will be invited by the Temple. But if they try to obstruct during the time of the starting of the temple processions, by playing the musical instruments or if they offer to do some work, then the Temple will be constrained to move the Police authorities for establishing peace. If their service are required, they will be invited by the Temple. But if they try to obstruct during the time of the starting of the temple processions, by playing the musical instruments or if they offer to do some work, then the Temple will be constrained to move the Police authorities for establishing peace. By the impugned order dated 02.03.2012, it was found that the instruments played by the petitioners were creating nuisance and are also causing hindrance to the daily rituals being performed and therefore, they were permanently prohibited from playing the instruments, as it is not part of the temple custom. 5. In the counter affidavit filed by the fifth respondent, it was stated that they have received several complaints from various persons, such as Archakas, devotees, nearby residents and other workers of the temple stating that playing of those instruments is causing nuisance and they were not able to withstand the sound from those instruments. On a representation made by the Assistant Commissioner, the third respondent passed the impugned order. Further, it was stated that even after the petitioners were prevented from playing the instruments on 08.01.2012 during the day of Arudra Darshan, they entered the premises with music instruments and created a commotion inside the temple premises, which forced the Police authorities to arrest number of people and they have created unnecessary situation. There was no system called "Kailaya Isaikaruvigal" and the petitioner's Group giving their name has no nexus with the deity in the temple. When Thiruvaram is being chanted, there are occasions when Udukku is played with one hand and the "Odhuvars" recite the stances. There was no caste issued involved and if the petitioner's Group claims that playing of Tamil instruments is the custom and usage, they should get appropriate orders under Section 63(e) of the Hindu Religious and Charitable Endowments Act, claiming customary right. In the Agama Sastra there are no customary religious right. The petitioners were not prohibited from worshipping the deity and therefore, their invoking the right under Article 226 of the Constitution of India is inappropriate. 6. In the counter affidavit filed by the third respondent, it was stated that the Temple was administered by the Executive Officer appointed under Section 45(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act and a Trust Board. 6. In the counter affidavit filed by the third respondent, it was stated that the Temple was administered by the Executive Officer appointed under Section 45(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act and a Trust Board. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Cuddalore is acting as a Fit Person. Neither the petitioner nor any other Group have obtained any declaration that the right to play music in Tamil instruments is a customary right recognized in terms of Section 63(e) of the Hindu Religious and Charitable Endowments Act. The sound emanating from the instruments played by the petitioner's Group is very high in decibels and disturbing not only the devotees, but also the residents in the houses nearby. The petitioner's attempt to give a caste colour to their claim is also denied. It is also stated that the right given under Article 25 of the Constitution of India should be relatable to essential part of religion and the petitioner's right to worship in the temple was not prohibited. What is prevented is their playing instruments inside the public temple, which is not the practice of the temple. The petitioner and his Group has also joined with other Group and creating unnecessary problems in the temple administration. 7. Admittedly the petitioner and his Group have not approached the authorities for claiming any customary right to play the Tamil instruments, as being a customary right of the said Temple. They have also not established that any such playing of music forms part of Agama Sastra, under which the Temple has been administered. Even as per the claim of the petitioner, they have been playing the musical instruments only for the past six years and hence, it cannot be called as a customary right. Further, the disturbances caused by them have also created a unpleasant development in making the temple administration to approach the Police for maintaining law and order. In the absence of the petitioner moving the necessary authorities under the Hindu Religious and Charitable Endowments Act and establishing the customary right in terms of Section 63(e) of the Hindu Religious and Charitable Endowments Act and in the absence of any other legal or enforceable right, this Court is not inclined to entertain the writ petition filed by the petitioners. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.