Sornalingam Ambalam v. Commissioner, Hindu Religious and Charitable Endowments
2014-06-18
V.M.VELUMANI, V.RAMASUBRAMANIAN
body2014
DigiLaw.ai
Judgment V. Ramasubramanian, J. 1. The petitioner has come up with the above writ petition, seeking the issue of Writ of Mandamus to direct the respondents to conduct Kandadevi, Sri Swarnamoortheeswarar, Kumkuma Kaliamman Temple Festival, in the Tamil month of Aani in Kettai Natchathiram for every year. 2. Heard, Mr. K.P. Narayanakumar, learned counsel for the petitioner, Mr. K. Chellapandian, learned Additional Advocate General assisted by Mr. V.R. Shanmuganathan, learned Special Government Pleader for the respondents 1 to 4, Mr. T. Srinivasaraghavan, learned counsel for the fifth respondent and Mr. J. Anandkumar, learned counsel for the respondents 6 and 7, who have been newly impleaded. 3. The Temples in Kandadevi Village of Sivagangai District, hit the headlines for wrong reasons, about two decades ago. We do not wish to get into reasons and as to why it happened and how it happened. Suffice to say that it is a Temple coming under the Management of the Sivagangai Samasthana Devasthanams. 4. The customary rights for receiving honours and for taking the deity in Palanquin, were settled by an order of the Joint Commissioner, passed way back on 08.04.1999 in O.A.No.11 of 1998. The said order, was partly modified by the Commissioner, H.R. & C.E. Department, by an order, dated 26.06.1999 in A.P.No.15 of 1999. 5. As per the orders of the Commissioner, H.R. & C.E. Department, there are four groups of Villagers, who are entitled to respects and honours and who are entitled to do Mandakapadi, on various days of the ten day festival conducted in the Temple. These groups of Villagers, are known as Nattars. They are, (i) Iravuseri Nattars; (ii) Unjanai Nattars; (iii) Semponmari Nattars; and (iv) Thennilai Nattars. These Nattars are represented, by a Headman chosen by the Villagers. As on date, the Iravuseri Nattars are represented by Periyakaruppan Ambalam, Unjani Nattars are represented by one Ramasamy Ambalam, Semponmari Nattars are respresented by one Ramasamy Ambalam and Thennilai Nattars are presented by one Ramesh Ambalam. 6. It is admitted on both sides that during the temple festival, that used to be conducted for ten days, the people from the following Villages used to carry the deity in Palanquin. 1. Semponmari (i) Semponmari (ii) Aravayal (iii) Sonarkottai (iv) Iruvinivayal (v) Kandan Karuvayal 2. Thennilai (i) Thennervayal (ii) Udappanpatti (iii) Pananthoppu (iv) Pudhu Kanmoi Kasalai 3. Unjanai (i) Thanicha Oorani Kaspa (ii) Siru Maruthoor Kaspa 7.
1. Semponmari (i) Semponmari (ii) Aravayal (iii) Sonarkottai (iv) Iruvinivayal (v) Kandan Karuvayal 2. Thennilai (i) Thennervayal (ii) Udappanpatti (iii) Pananthoppu (iv) Pudhu Kanmoi Kasalai 3. Unjanai (i) Thanicha Oorani Kaspa (ii) Siru Maruthoor Kaspa 7. It appears that in the years 1998, 2000 and 2001, the festival was not conducted apprehending law and order problem, in view of the fact that the people belonging to the Scheduled Caste were not permitted to pull the Temple car and subsequently, it was resolved and the festivals were conducted in the years 2002, 2004, 2005 and 2006. 8. Thereafter, renovation work was undertaken and on account of the same, the festivals were not conducted from 2007 onwards. In the year 2012, the consecration of the Temple was conducted followed by the festival, however, without the Temple car being drawn. However, in the year 2013, the festival was confined only to the precincts of the Temple. The Flag was not hoisted and the deity was not carried out of the Temple, on account of the fact that the Temple car was in a damaged condition. 9. Apprehending that this year also, the festival will not be conducted in the usual manner by hoisting flag and carrying the deity around the Temple, the petitioner came up with the present writ petition. 10. After notice, the learned Special Government Pleader submitted on instructions from the Joint Commissioner, H.R. & C.E. Department, that unless the four groups of Nattars come together and co-operate, it is not possible to celebrate the festival, as it used to be done as per the tradition. The District Administration was also of the same view. Both the H.R. & C.E., Department and the Police Department, were of the view that without the co-operation of all groups of Nattars and the people belonging to the Scheduled Caste, it may not be possible to adhere to the old age tradition of conducting the festival in a particular manner. 11. Out of the four groups of Nattars, with whose co-operation the festival is to be conducted, two appeared before this Court and gave consent. They are from Iravuseri Nattars and Semponmari Nattars. Insofar as Unjanai Nattars (third group) are concerned, the Head of the said group, viz., Ramasamy Ambalam, is at present in Chennai.
11. Out of the four groups of Nattars, with whose co-operation the festival is to be conducted, two appeared before this Court and gave consent. They are from Iravuseri Nattars and Semponmari Nattars. Insofar as Unjanai Nattars (third group) are concerned, the Head of the said group, viz., Ramasamy Ambalam, is at present in Chennai. He seems to have intimated to the Joint Commissioner that without the Temple car being pulled, it may not be possible to hold the festival. Insofar as Thennilai Nattars are concerned, their Head Mr. Ramesh Ambalam is actually inMalayisa. He has sent an authorisation to four persons, to take decisions on behalf of the fourth group. One among those four persons, is the sixth respondent and got impleaded by filing an application. He seems to have taken the view that without the Temple car being drawn, the festival should not be conducted. 12. Insofar as the people belonging to the Scheduled Caste are concerned, they have not objected to conduct of the festival. There is also no opposition to their participation in the festival. 13. In the background of the above facts, it is clear that out of four groups of Nattars, two groups of Nattars want to have the festival conducted, even if it is not possible to pull the Temple car. The remaining two groups of Nattars have an objection. 14. But their only objection is that without the Temple car, there cannot be a festival. But unfortunately, it is not known whether any steps have been taken to repair the Temple car. According to the writ petitioner, the Temple car is not in a damaged condition. But according to the fifth respondent and other respondents, it is in a damaged condition. But, no customary practice or no practice authorised by the Sasthras was brought to our notice to the effect that if the Temple car could not be pulled, the practice of hoisting the flag and carrying the deity around the Temple would not also be performed. In other words, both are not interdependent upon each other. Therefore, we are of the view that the only objection that the two groups of Nattars have, is not of such a great significance, to compel the administration to completely stop the festival from being conducted in the traditional manner. 15.
In other words, both are not interdependent upon each other. Therefore, we are of the view that the only objection that the two groups of Nattars have, is not of such a great significance, to compel the administration to completely stop the festival from being conducted in the traditional manner. 15. Some of the Villagers, who represented both groups of Nattars appeared before this Court and expressed the anguish of the people, to the effect that because of the non-conduct of the festival in the traditional manner, the sentiments of the people have been affected. Therefore, we are of the view that unless there is a very strong reason, which could appeal to our conscience, it is not fair on the part of other two groups of Nattars to stop the festival. One set of Nattars, opposing the request, are also conferred with the right to carry the deity in Palanquin. The issue as to who should carry and the issue is as to how the Temple honours and respects on all the ten days have to be given, has also to be addressed. The two groups of Nattars, who appeared before this Court agreed that receiving honours and respects, can be relegated to secondary position and that the conduct of the festival for the deity is more important than the conferment of honours and respects upon individual human beings. 16. Therefore, the writ petition is disposed of with the following directions: (i) The fifth respondent Samasthanam and the Joint Commissioner, who is the fourth respondent shall organise the festival in the traditional manner, as it always used to be conducted. (ii) The respondents 4 and 5 shall make arrangements for repairing of the Temple car, but the current year festival may be conducted without the car being pulled. (iii) This year none of the Nattars shall insist on the conferment of respects and honours on every day of the festival. (iv) The festival shall be conducted with the participation of all the willing persons from all the four groups as well as from all communities without any discrimination. (v) The third respondent shall give adequate police protection to ensure that the festival is conducted in a peaceful manner. No costs. Consequently, the connected Miscellaneous is closed. Post the Writ Petition on 30.06.2014, for reporting compliance.