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W.P.No.11835 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.07.2024CORAM:THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYANW.P.No.11835 of 2024T.Krishnakumar ...PetitionerVs1.The Secretary to the Government of Tamil Nadu,Tamil Culture Department (TN HR & CE Department),Fort St.George, Chennai.2.The Commissioner,TN HR & CE Department,Uthammar Gandhi Salai,NungambakkamChennai – 600 034.3.The Joint Commissioner,TN HR & CE Department,Villupuram.4.The Executive Officer,Sri Bhuvaraha Swamy Temple,Sri Mushnam(Thirumuttam)Kattumarrakoil Taluk,Cuddalore District...RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to dispose of the petitioner representation dated 15.10.2022.1/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024For Petitioner: Mr.N.Umapathi for Mr.P.P.VikramFor Respondents : Mr.K.Karthikeyan for R1 to R4 Government AdvocateORDERThe petitioner has filed this writ petition to direct the respondents to dispose of petitioner's representation dated 15.10.2022.2. The case of the petitioner is that the petitioner is a devoted follower of Sri Boovarahaswami temple, located in Srimushnam (Thirumuttam Village) of Cuddalore District. This temple is renowned as a Swayam Vyakthashetram meaning it is believed to have manifested on its own, as mentioned in the vishnu puranas. The main deity of this temple is in the form of Varaha Avathar, which is one of Lord Vishnu's ten incarnations. The temple was constructed by Four Nayakas and has a rich history that spans several centuries. The petitioner has been visiting the temple since childhood, participating in various rituals and ceremonies, including the Urchavam's. However, due to old age and illness, the petitioner is unable to personally attend the temple to receive the first theertham and engage in Kaingariyam. It is important to note that the temple is under the control of the HR & CE Department, and the 2/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024significance of the Sthalashtars (temple trustees) cannot be disregarded. Therefore, he made a representation to the 3rd respondent by submitting the request as a temporary arrangement to authorise and appointing a short-term assistant for doing kaingariyam by naming one Mr.K.Bhoovarahan alias Mr.Babu for the purpose of continuing Nithya Kaigariyam to make sure that the participation on his side is regular and with due respect to the temple deity. Whenever, the petitioner was not in the Srimushanam, Arulmgu Sri Boovaraha Swamy Temple, the said Bhoovarahan will take over his inherent respect along with Kaisiga Pattinam. Hence, he seeks a direction to consider his representation and to issue necessary orders.3. Learned Government Advocate appearing for the respondents would submit that Deity of Arulmigu Bhuvaraha Swamy Temple, Sri Mushnam Town and Taluk, Cuddalore Dsitrict is a Hindu Public Temple and hence the provisions of the Tamil nadu H.R.&C.E Act 22 of 1959 (in short 'the Act'), and the Rules framed thereon are applicable to the said temple and the properties which are exclusively belong to the minor Deity of the temple. The said temple is now administered by the Executive Officer of Arulmigu Viruthagireeswarar Temple, Virudachalam in the 3/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024capacity of Fit person. However, on 15.10.2022, the petitioner made a representation to the Commissioner, HR&CE Department, Chennai seeking to appoint, one Poovarasan as agent or Kumastha on behalf of the petitioner, to do Kaingariyam. In this regard, the Commissioner, HR&CE Department vide his proceedings in OO.Mu.No.65627/2022/H3, dated 27.03.2023 had forwarded the same to the Joint Commissioner, HR&CE Department, Cuddalore to conduct an enquiry and to submit a report. In turn, he directed the Executive Officer of Arulmigu Bhuvaraha Swamy to conduct enquiry and submit report. After conducting enquiry, he submitted his report vide letter dated 11.05.2024. (ii). As per the report, there are totally 7 Thirthakararkal in Arulmigu Bhuvaraha Swamy Temple. Out of the above said 7 Thirthakararkal, the first 5 Thirthakararkal are Sthalashtars and Acharya Pursharkal. The 6th and 7th Thirthakararkal belong to Mathuvam religion. As per the customs and documents of Arulmigu Bhuvaraha Swamy Temple, the 1st to 5th Thirthakararkal are only Acharya Purusharkal and Sthalastars. The lineages of Adhivaragachariyar Nallan Chakravarthy Acharya Pursharkal are entitled for first Theertham. The Acharaya Pursharkal and Sthalastars, who have got first Theertham are 4/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024entitled only for Mantrapushpam Vainkariyam and also honored for the same. The above said rights are only vested with Nallan Chakravarthy Acharya Pursharkal. Only the descendants of the Nallan Chakravarthy Acharya Pursharkal are entitled for the said above rights. The 2nd Thirthakar, is the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure and they are Acharya Purshakararkal and Sthalastars. They have the right to perform Mantrapushpam Kainkariyam in Arulmigu Bhuvaraha Swamy Temple. The Madathipathi of Emperumal Jeeyarswamy of Thirukoilur is also Hereditary Dharmakartha of Thiruvikaramaswamy Thirukoil, Thirukoilur and it is difficult, for them, to come to Srimushnam and do Kainkariyam. Hence, they are alone entitled to appoint agent or Kumastha and the same is also in practice, till date. The Administrative Officer or the Dharmakartha of Arulmighu Bhuvaraha Swamy Temple, after considering the request, allow the Emperumal Jeeyarswamy of Thirukoilure, to appoint agent or Kumastha. Since, he is Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, he alone is entitled to appoint Kumastha, which is in practice for long period and no other person, have such rights.5/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 20244. It is the further contention of the respondents that the petitioner, who is the 1st Thirthakarar, is not residing in Srimushnam Village for more than a period of 50 years and he is also not participating in the daily poojas that are conducted in Arulmighu Bhuvaraha Swamy Temple. The petitioner occasionally used to participate in the festivals that are conducted in Arulmigu Bhuvaraha Swamy Temple, and do the Kainkariyam and get the first honor. The 1st to 5th Thirthakararkal and their legal heirs are only Acharaya Pursharkal and Sthalastars, except them no other persons are entitled to do Kainkariyam in the said temple and also get honor. The male descendants of Acharaya Pursharkal and Sthalastars are entitled to do Kainkariyam on rotation basis. Only the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, who is the 2nd Thirthakar, is alone entitled to appoint agent or Kumastha. The 1, 3 to 7 Thirthakararkal are not entitled to appoint any agent or Kumastha and the same is also not custom in the said temple. The Sthalastars only will have the right to narrate or speak about Kaisika Puranam, in the said temple, not the agent or Kumasatha. If the petitioner is not there to perform or narrate Kaisika Puranam, the temple administration shall arrange eligible person to narrate the Kaisika Puranam. If the petitioner 6/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024could not do Kainkariyam or narrate Kaisika Puranam, he can very well hand over the Kainkariyam to the temple administration and there is no necessity for him to appoint agent or Kumastha, to do Kainkariyam.(ii). He further submitted that for a period of more than 70 years, there is no problem regarding Vadakalai and Thenkalai in the said temple, but now one K.Bhoovarahan @ Babu, who the petitioner intends to appoint as Kumastha had unnecessarily raised this issue. There are 10 persons, who are the legal heirs of the 1st Thirthakararkal if they are intended to do Manthra Pushpam Kainkariyam to the temple and they can do on the rotation basis. By appointing Kumastha and performing Kainkariyam, is not in the custom and also the same may cause disrespect to the other Thirthakarkal. Hence, as per customs, the said K.Bhoovarahan, cannot be appointed as agent or Kumastha to do Kainkaryam to the said temple. To this effect, the Executive Officer of Arulmigu Bhuvaraha Swamy had filed report and The Joint Commissioner, HR&CE Department, Cuddalore vide his proceedings in Na.Ka.No.2594/2023/A5, dated 13.05.2024 had submitted the report to the Commissioner, HR&CE Department, Chennai and the same has been 7/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024communicated to the petitioner.5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.6. Admittedly, the male descendants of Acharaya Pursharkal and Sthalastars are entitled to do Kainkariyam on rotation basis and only the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, who is the 2nd Thirthakar, is alone entitled to appoint agent or Kumastha. Moreover, 1st and 3rd to 7th Thirthakararkal are not entitled to appoint agent or Kumastha as per the customs of the temple. While so, the petitioner's representation was already looked into by the Respondent Department and copy of report was also sent to the petitioner herein on 13.05.2024 by the Joint Commissioner, HR&CE Department, Cuddalore that the said K.Bhoovarahan @ Babu cannot be appointed as agent or Kumastha to do Kainkaryam to the said temple. Therefore, the petitioner can challenge the said order in the manner known to law.7. With the above observation, the Writ Petition is disposed of. 8/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024No costs.15.07.2024msvIndex:Yes/NoSpeaking order/Non-speaking orderInternet: Yes/NoNeutral Citation: Yes/NoTo1.The Secretary to the Government of Tamil Nadu,Tamil Culture Department (TN HR & CE Department),Fort St.George, Chennai.2.The Commissioner,TN HR & CE Department,Uthammar Gandhi Salai,NungambakkamChennai – 600 034.3.The Joint Commissioner,TN HR & CE Department,Villupuram.4.The Executive Officer,Sri Bhuvaraha Swamy Temple,Sri Mushnam(Thirumuttam)Kattumarrakoil Taluk,Cuddalore District9/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024 V.BHAVANI SUBBAROYAN,J.msvW.P.No.11835 of 202415.07.202410/10
W.P.No.11835 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.07.2024CORAM:THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYANW.P.No.11835 of 2024T.Krishnakumar ...PetitionerVs1.The Secretary to the Government of Tamil Nadu,Tamil Culture Department (TN HR & CE Department),Fort St.George, Chennai.2.The Commissioner,TN HR & CE Department,Uthammar Gandhi Salai,NungambakkamChennai – 600 034.3.The Joint Commissioner,TN HR & CE Department,Villupuram.4.The Executive Officer,Sri Bhuvaraha Swamy Temple,Sri Mushnam(Thirumuttam)Kattumarrakoil Taluk,Cuddalore District...RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to dispose of the petitioner representation dated 15.10.2022.1/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024For Petitioner: Mr.N.Umapathi for Mr.P.P.VikramFor Respondents : Mr.K.Karthikeyan for R1 to R4 Government AdvocateORDERThe petitioner has filed this writ petition to direct the respondents to dispose of petitioner's representation dated 15.10.2022.2. The case of the petitioner is that the petitioner is a devoted follower of Sri Boovarahaswami temple, located in Srimushnam (Thirumuttam Village) of Cuddalore District. This temple is renowned as a Swayam Vyakthashetram meaning it is believed to have manifested on its own, as mentioned in the vishnu puranas. The main deity of this temple is in the form of Varaha Avathar, which is one of Lord Vishnu's ten incarnations. The temple was constructed by Four Nayakas and has a rich history that spans several centuries. The petitioner has been visiting the temple since childhood, participating in various rituals and ceremonies, including the Urchavam's. However, due to old age and illness, the petitioner is unable to personally attend the temple to receive the first theertham and engage in Kaingariyam. It is important to note that the temple is under the control of the HR & CE Department, and the 2/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024significance of the Sthalashtars (temple trustees) cannot be disregarded. Therefore, he made a representation to the 3rd respondent by submitting the request as a temporary arrangement to authorise and appointing a short-term assistant for doing kaingariyam by naming one Mr.K.Bhoovarahan alias Mr.Babu for the purpose of continuing Nithya Kaigariyam to make sure that the participation on his side is regular and with due respect to the temple deity. Whenever, the petitioner was not in the Srimushanam, Arulmgu Sri Boovaraha Swamy Temple, the said Bhoovarahan will take over his inherent respect along with Kaisiga Pattinam. Hence, he seeks a direction to consider his representation and to issue necessary orders.3. Learned Government Advocate appearing for the respondents would submit that Deity of Arulmigu Bhuvaraha Swamy Temple, Sri Mushnam Town and Taluk, Cuddalore Dsitrict is a Hindu Public Temple and hence the provisions of the Tamil nadu H.R.&C.E Act 22 of 1959 (in short 'the Act'), and the Rules framed thereon are applicable to the said temple and the properties which are exclusively belong to the minor Deity of the temple. The said temple is now administered by the Executive Officer of Arulmigu Viruthagireeswarar Temple, Virudachalam in the 3/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024capacity of Fit person. However, on 15.10.2022, the petitioner made a representation to the Commissioner, HR&CE Department, Chennai seeking to appoint, one Poovarasan as agent or Kumastha on behalf of the petitioner, to do Kaingariyam. In this regard, the Commissioner, HR&CE Department vide his proceedings in OO.Mu.No.65627/2022/H3, dated 27.03.2023 had forwarded the same to the Joint Commissioner, HR&CE Department, Cuddalore to conduct an enquiry and to submit a report. In turn, he directed the Executive Officer of Arulmigu Bhuvaraha Swamy to conduct enquiry and submit report. After conducting enquiry, he submitted his report vide letter dated 11.05.2024. (ii). As per the report, there are totally 7 Thirthakararkal in Arulmigu Bhuvaraha Swamy Temple. Out of the above said 7 Thirthakararkal, the first 5 Thirthakararkal are Sthalashtars and Acharya Pursharkal. The 6th and 7th Thirthakararkal belong to Mathuvam religion. As per the customs and documents of Arulmigu Bhuvaraha Swamy Temple, the 1st to 5th Thirthakararkal are only Acharya Purusharkal and Sthalastars. The lineages of Adhivaragachariyar Nallan Chakravarthy Acharya Pursharkal are entitled for first Theertham. The Acharaya Pursharkal and Sthalastars, who have got first Theertham are 4/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024entitled only for Mantrapushpam Vainkariyam and also honored for the same. The above said rights are only vested with Nallan Chakravarthy Acharya Pursharkal. Only the descendants of the Nallan Chakravarthy Acharya Pursharkal are entitled for the said above rights. The 2nd Thirthakar, is the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure and they are Acharya Purshakararkal and Sthalastars. They have the right to perform Mantrapushpam Kainkariyam in Arulmigu Bhuvaraha Swamy Temple. The Madathipathi of Emperumal Jeeyarswamy of Thirukoilur is also Hereditary Dharmakartha of Thiruvikaramaswamy Thirukoil, Thirukoilur and it is difficult, for them, to come to Srimushnam and do Kainkariyam. Hence, they are alone entitled to appoint agent or Kumastha and the same is also in practice, till date. The Administrative Officer or the Dharmakartha of Arulmighu Bhuvaraha Swamy Temple, after considering the request, allow the Emperumal Jeeyarswamy of Thirukoilure, to appoint agent or Kumastha. Since, he is Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, he alone is entitled to appoint Kumastha, which is in practice for long period and no other person, have such rights.5/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 20244. It is the further contention of the respondents that the petitioner, who is the 1st Thirthakarar, is not residing in Srimushnam Village for more than a period of 50 years and he is also not participating in the daily poojas that are conducted in Arulmighu Bhuvaraha Swamy Temple. The petitioner occasionally used to participate in the festivals that are conducted in Arulmigu Bhuvaraha Swamy Temple, and do the Kainkariyam and get the first honor. The 1st to 5th Thirthakararkal and their legal heirs are only Acharaya Pursharkal and Sthalastars, except them no other persons are entitled to do Kainkariyam in the said temple and also get honor. The male descendants of Acharaya Pursharkal and Sthalastars are entitled to do Kainkariyam on rotation basis. Only the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, who is the 2nd Thirthakar, is alone entitled to appoint agent or Kumastha. The 1, 3 to 7 Thirthakararkal are not entitled to appoint any agent or Kumastha and the same is also not custom in the said temple. The Sthalastars only will have the right to narrate or speak about Kaisika Puranam, in the said temple, not the agent or Kumasatha. If the petitioner is not there to perform or narrate Kaisika Puranam, the temple administration shall arrange eligible person to narrate the Kaisika Puranam. If the petitioner 6/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024could not do Kainkariyam or narrate Kaisika Puranam, he can very well hand over the Kainkariyam to the temple administration and there is no necessity for him to appoint agent or Kumastha, to do Kainkariyam.(ii). He further submitted that for a period of more than 70 years, there is no problem regarding Vadakalai and Thenkalai in the said temple, but now one K.Bhoovarahan @ Babu, who the petitioner intends to appoint as Kumastha had unnecessarily raised this issue. There are 10 persons, who are the legal heirs of the 1st Thirthakararkal if they are intended to do Manthra Pushpam Kainkariyam to the temple and they can do on the rotation basis. By appointing Kumastha and performing Kainkariyam, is not in the custom and also the same may cause disrespect to the other Thirthakarkal. Hence, as per customs, the said K.Bhoovarahan, cannot be appointed as agent or Kumastha to do Kainkaryam to the said temple. To this effect, the Executive Officer of Arulmigu Bhuvaraha Swamy had filed report and The Joint Commissioner, HR&CE Department, Cuddalore vide his proceedings in Na.Ka.No.2594/2023/A5, dated 13.05.2024 had submitted the report to the Commissioner, HR&CE Department, Chennai and the same has been 7/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024communicated to the petitioner.5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.6. Admittedly, the male descendants of Acharaya Pursharkal and Sthalastars are entitled to do Kainkariyam on rotation basis and only the Madathipathi of Emperumal Jeeyarswamy of Thirukoilure, who is the 2nd Thirthakar, is alone entitled to appoint agent or Kumastha. Moreover, 1st and 3rd to 7th Thirthakararkal are not entitled to appoint agent or Kumastha as per the customs of the temple. While so, the petitioner's representation was already looked into by the Respondent Department and copy of report was also sent to the petitioner herein on 13.05.2024 by the Joint Commissioner, HR&CE Department, Cuddalore that the said K.Bhoovarahan @ Babu cannot be appointed as agent or Kumastha to do Kainkaryam to the said temple. Therefore, the petitioner can challenge the said order in the manner known to law.7. With the above observation, the Writ Petition is disposed of. 8/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024No costs.15.07.2024msvIndex:Yes/NoSpeaking order/Non-speaking orderInternet: Yes/NoNeutral Citation: Yes/NoTo1.The Secretary to the Government of Tamil Nadu,Tamil Culture Department (TN HR & CE Department),Fort St.George, Chennai.2.The Commissioner,TN HR & CE Department,Uthammar Gandhi Salai,NungambakkamChennai – 600 034.3.The Joint Commissioner,TN HR & CE Department,Villupuram.4.The Executive Officer,Sri Bhuvaraha Swamy Temple,Sri Mushnam(Thirumuttam)Kattumarrakoil Taluk,Cuddalore District9/10 https://www.mhc.tn.gov.in/judis W.P.No.11835 of 2024 V.BHAVANI SUBBAROYAN,J.msvW.P.No.11835 of 202415.07.202410/10