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
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Sekar Reporter
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February 27, 2020
[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 1/28 [2/27, 11:56] Sekarreporter 1: Cont.P.No.367 of 2020 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 2/28 [2/27, 11:56] Sekarreporter 1: Cont.P.No.367 of 2020 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 24/28 [2/27, 11:57] Sekarreporter 1: Cont.P.No.367 of 2020 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. 25/28 [2/27, 11:57] Sekarreporter 1: Cont.P.No.367 of 2020 (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. 26/28 [2/27, 11:58] Sekarreporter 1: Contempt closed