வடகலை தென்கலை வழக்கில் தீர்ப்பு MR.JUSTICE S.M.SUBRAMANIAM Cont.P.No.367 of 2020 in A.S.No.175 of 1910 T.A.Ranganathan ..Petitioner Vs. Mr.N.Thiyagarajan Executive Trustee / Assistant Commissioner, Sri Devaraja Swamy Devasthanam, Sannadhi Street, Kanchipuram. ..Respondent Prayer: Petition filed under Section 11 of Contempt of Court Act, case full order

[2/27, 11:55] Sekarreporter 1: Cont.P.No.367 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2020
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
Cont.P.No.367 of 2020
in
A.S.No.175 of 1910
T.A.Ranganathan ..Petitioner
Vs.
Mr.N.Thiyagarajan
Executive Trustee / Assistant Commissioner,
Sri Devaraja Swamy Devasthanam,
Sannadhi Street, Kanchipuram. ..Respondent
Prayer: Petition filed under Section 11 of Contempt of Court Act,
1971 praying to initiate contempt proceedings against the
respondent, enquire and punish him for wilfully and deliberately
disobeying the judgments of this Hon’ble Court dated 15.01.1915 in
Appeal No. 175 of 1910 and in Appeal No.283 of 1963 dated
24.03.1969.
For Petitioner : Dr.T.S.Ramaswamy
for C.H.Vinobha Gandhi
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For Respondent : Mr.M.Karthikeyan,
Special Govt. Pleader (HR & CE)
O R D E R
The Contempt Petition is filed against the respondent to punish
him for the wilful disobedience of the judgment of this Hon’ble Court
dated 15.01.1915 in Appeal No.175 of 1910 and in Appeal No. 283 of
1963 dated 24.03.1969.
Let us now consider the orders passed by the High Court in
Appeal No.175 of 1910 and Appeal No.283 of 1963. The first judgment
dated 15.01.1915 deals with whether the Vadagalais are entitled to
form ghosti behind the Vedic ghosti and sing their own Prabandams
and Mantrams. If they do not interfere with the Vedic ghosti, we do
not think that there would be any objection to their doing so. This
Hon’ble Court proceeded by stating that they have got as much right
as the Thengalais to use the public street and it also to be observed
that the ghosti behind is composed of Vadagalai Mirasdars and the
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administration. Further it is contended that the first respondent
being a neutral person has not committed any Contempt of Court and
always the first respondent is attempting to bring peace, while
performing the Pooja festivals and therefore, the complaint made out
in this case regarding contempt is untenable.
In view of the facts and circumstances and in the interest of
the public at large and in the interest of the Temple administration,
this Court is inclined to issue the following directions:
(i) The first respondent / Executive Trustee / Assistant
Commissioner is directed to invite Thengalai Sect firstly during Pooja
festivals and on such invitation the Thengalai Sect shall be permitted
to recite the first two lines of Srisaila Dayapathram (initial recital)
and on completion of the said initial recital by Thengalai Sect, the
first respondent shall permit Vadagalai Sect to commence the first
two lines of Sri Ramanuja Dayapathram (initial recital) and on their
completion of initial recital, then both Vadagalai and Thengalai
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Sectors shall be permitted to recite Prabandhams jointly. On
completion of Prabandhams, the Thengalai Sect shall be permitted to
recite the concluding Mantram “Manavalamamunigal
Vaazhithirunamam” and thereafter, Vadagalai Sect shall be allowed
to recite their concluding Matram “Desikan Vazhi Thirunamam” and
accordingly the process of recitals shall be concluded.
(ii) If any one of the sect namely Vadagalai or Thengalai, not
willing to recite their Mantrams and Prabandhams, as per the
directions issued by this Court as above, then the first respondent
shall permit anyone of the willing sect to recite the Mantrams and
Prabandhams during Pooja festivals.
(iii) With reference to other religious practices, during Pooja
festivals the first respondent is directed to implement the approved
scheme scrupulously by issuing suitable guidelines / directions to all
concerned.
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(iv) The first respondent is directed to register a Police
complaint in the event of any law and order problem or otherwise
during performance of the Pooja festivals. On such complaint,
jurisdictional Police shall register a complaint and investigate the
same, and initiate appropriate actions in accordance with law.
(v) In the event of violation of any of these directions issued
in this Contempt Petition, will be treated as Contempt of Court and
the first respondent Executive Trustee / Assistant Commissioner is
directed to file an application before this Court.
The said procedures are to be followed in all the Pooja
festivals with effect from 1
st March 2020.
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