. R.SINGGARAVELAN SENIOR ADVOCATE /MY MULTIPLE VOYAGES TO THIRUCHENDUR FOR JUSTICE I. PRELUDE:- (1) Before entering into the subject it is more apt to quote para 1277 of the judgment in Ram Janmabhumi Temple case reported in (2020) 1 SCC P1 below:-
MY MULTIPLE VOYAGES TO THIRUCHENDUR FOR JUSTICE
I. PRELUDE:-
(1) Before entering into the subject it is more apt to quote para 1277 of the judgment in Ram Janmabhumi Temple case reported in (2020) 1 SCC P1 below:-
“1277. The concept of Hinduism has been defined by great scholars and jurists, but in this case, it is not necessary to dwell upon concept of Hinduism. The core of all religions and faith is one i.e. quest for truth, quest for knowing more about soul and quest to know more about Supreme, who in one or other form is worshipped in all religions. Every religion, every faith reveres and sings the glory of God with whom I all want to relate. Wordsworth in his beautiful poem has also echoed the same thought:
“Our birth is but a sleep and a forgetting;
The Soul that rises with us, our life’s star Hath had elsewhere its setting.
And cometh from afar;
Not in entire forgetfulness,
And not in utter nakedness,
But trailing clouds of glory do we come
From God, who is our home,””
(2) Then Para 1288 of the same judgment also is necessarily to be quoted to understand what is religion and how its survival depends upon rituals and ceremonies:-
“1288. Religious faith of a person is formed on traditions, religious scriptures and practices. The Constitution Bench of this Court speaking through B.K. Mukherjea, J. in Commr., Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt 120 held that religion is certainly a matter of faith with individuals or communities; in para 17, the following has been observed: (AIR p. 290)
“17. Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well-known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well-being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress.””
II. SUBJECT:-
(3) I am really thankful to the learned Sub-Court, Thiruchendur which heard the arguments of all the parties on several occasions from August 2024 upto 12.11.2024 in O.S.No.151/2017 and reserved the case for its verdict on 12.11.2024 and made the parties to wait for its verdict upto February 2026 as the first one who heard and reserved for the verdict was transferred in July 205 and the second one who heard and reserved for verdict in September 2025 uploaded the judgment only on 03.03.2026 by 07.00 PM though he made an entry in the Court Diary that the suit was dismissed on 07.02.2026 itself.
(4) The suit was the one filed for the declaratory and permanent injunction reliefs by “Thirisuthanthirarhal” a sect with a peculiar hairstyle and common characteristics features doing services in the world popular and glorious temple of Lord Muruga at Thiruchendur for getting declared that they are entitled to denominational status and for safeguarding their time immemorial rights conferred on them by the temple.
As it is that court which pulled me for arguments through the plaintiffs who are poor Brahmins who are not monthly remunerated and whose survival out and out depends upon their services to the temple and the deity, I extend my gratitude to it.
(5) I know that the invitation by them to argue the case of the plaintiffs at Thiruchendur is not due to their assumption that I am well versed in the field of law but due to the fact that I only appear for them freely in all the cases filed for or against them in various courts and accommodate to their demands. But I gladly accepted to appear before the Sub Court at Thiruchendur for a selfish reason that I was invited to argue in the holy place where my grandfather, ‘Rao Sahib P.K.Shanmuganathan an Advocate at Dindigul used to deliver religious lectures on the invitation of Temple Devasthanam and further I was declared born when he was delivering one of such lectures at Thiruchendur at Dindigul where he was practicing as a lawyer. My grand father is a master of three languages Tamil, English & Sanskrit and also Karnatic Music. He wrote so many articles on Saktham, Gowmaram Adhvaitham and Vaishnavam and was a favorite person to both Kanchi MahaPeriya and Sringeri Swamikal because of his accuracy in drawing and shaping Srichakra and his knowledge on our religion.
III. RATIONALISM AND SECULARISM –Vs- RELIGION:-
(6) I hope that it is because of his blessings, blood and gene the priests in most popular ancient temples and the ancient scheme temples after May 2021 make me very busy in the court as the so called rationalists always aim at them to change the time old religious practices coupled with the secular activities either in the name of rationalism or secularism forgetting the simple and true meaning of secularism which is one of the basic and fundamental features of our Indian Constitution.
(7) A three Judge Bench of the Supreme Court observed in Aruna Roy –vs- Union of India (2002) 7 SCC 368 that “the complete neutrality towards religion and apathy for all kinds of religious teachings in Institutions of the state have not helped in removing mutual misunderstanding and intolerance interse between sections of the people of different religious, faiths and beliefs. “Secularism”, therefore, is susceptible to a positive meaning that is developing understanding and respect towards different religions. The essence of secularism is nondiscriminations of people by the State on the basic of religious indifferences.”
(8) In S.R.Bommai –Vs- Union of India reported in (1994) 3 SCC 1, the Supreme Court took the view that action under Article 356 would be called for if the government of a State acts to subvert or sabotage secularism as enshrined in the Indian Constitution.
(9) In Valasammal Paul –Vs- Cochin University reported in (1996) 3 SCC 545 the Supreme Court observed that “Secularism is bridge between religions and provides security to followers of all religious. Pluralism is the key note of Indian Culture and religious tolerance is the bedrock of Indian Secularism. Inter-Caste Marriage and adoption are means to achieve it”.
(10) But unexpectedly and unfortunately apart from the interse conflicts of different ideologies of various religions another force emerges in the name of rationalism leading to criticism of particular religious practices with the blessings of certain State Agencies often convert the peaceful atmosphere prevailing in the State to the State of turmoil and the place of chaos and misunderstanding between different religions.
‘SANADHANADHARMA’ :-
The attack on the holy principle of ‘Sanadhanadharma’ a holy and time immemorial principle and practice as if it is a living insect causing injuries to human health and the attack on the time immemorial religious practices adopted by a majority of the people are nothing but a threat not only to the peaceful atmosphere and public interest but also a threat to the basic structure of our Constitution built on the fundamental principle of equal treatment to all irrespective of religion, caste creed and community subject to few reservations provided in our Constitution itself.
‘STHALATHARS’:
(11) Now coming back to my voyage to the shore town Thiruchendur, it is this rationalism which is the cause for the criticism of certain priests who engage themselves in the establishment and development of certain very old and ancient temples, like Srirangam, Chidambaram, Rameswaram and Thiruchendur, etc. These priests are sometimes called sthalathars to mean that they are meant for that particular ‘Sthalam’ a holy place. Their livelihood depends upon their services to devotees and the deity in the temple.
(12) After May 2021, in the name of appointment of priests of all the communities, alternation of certain religious principles and practices in the name of rationalism and an attempt made to appoint trainees to the priests on the consolidated pay of Rs.8000/-, the religious practices adopted for several hundred years were attempted to be interfered against the Agamas and Vedhas. Because of the timely interventions of the Hon’ble Courts, the sanctity of the temples and the religious rights of the common people are safeguarded and are made to survive.
IV. SUIT OF ‘THIRUSUNTHADARGAL’ IN SUB- COURT, THIRUCHENDUR:-
(13) Seeking asylum in the Temple of Justice having no other way with a view to protect their religious rights the ‘Thirisuthanthirarhal’ of Thiruchendur Temple had filed a suit as early as in 2017 in the Learned Sub-Court, Thiruchendur for declaration and permanent injunction to get the declaration that their sect is a denominational sect and their religious practices cannot be interfered with.
(14) 6 MONTHS TIME FOR DISPOSAL ON 13.09.2023 BY THE MADURAI BENCH:-
There was a necessity for them to urge the disposal of the suit because of the frequent interferences with their religious practices by the Trustees and the Government. Hence, they had chosen to file a Civil Revision Petition in CRP(MD).No.2359/2023 and the Hon’ble Madurai Bench was placed to fix the outer time limit of 6 months for the disposal of the suit in O.S.No. 151/2017 pending on the file of the Learned Sub-Court, Thiruchendur by its order dated 13.09.2023. But, the suit was started to be heard effectively only after June 2024 by the then Learned SubJudge.
(15) When ancient scriptures in the form of books were attempted to be marked by filing I.A. it was opposed by the other side that they are not originals. Then I had to go and place my arguments on the basis of Rama Janma Bhoomi case reported in (2021) 1 SCC P.1 and succeeded in getting them marked. Then when the matter was taken up for final hearing I had gone to Thiruchendur to argue the matter on the basis of the evidences on record. The arguments of all the parties were concluded and the Learned Sub-Court was pleased to adjourn the matter to 29.11.2024 for Judgment on 12.11.2024.
(16) For one or other reason the Judgment was not pronounced though the arguments were completed and written submissions were also submitted by
12.11.2024 itself.
(17) TRANSFER OF THE PRESIDING OFFICER IN JULY, 2025.
NEW PRESIDING OFFICER:-
In the meanwhile the Learned Sub-Judge who heard the arguments of all the parties even as early as on 12.11.2024 was transferred and the present Sub-Judge assumed office in July 2025.
(18) Necessarily he has to again hear the arguments of all the parties and I had to necessarily go to the world popular Temple Town called Thiruchendur on 5 occasions to advance my arguments as I could not advance my arguments on my first visit due to some inconvenience faced by the Court.
(19) At last the judgment was reserved on 16.09.2025 and the Learned Sub-Judge adjourned the matter to 13.10.2025 for Judgment. I was of the fond hope that atleast this Learned Sub-Judge would pronounce the judgment on the day posted for judgment. But, the present Sub-Judge also adjourned the matter on several occasions and posted the matter for judgment as indicated below as per the copy taken from the e-court proceedings.
i) On 16.09.2025 adjourned to 13.10.2025 for judgment. ii) On 13.10.2025 adjourned to 27.10.2025 for judgment. iii) On 27.10.2025 adjourned to 08.11.2025 for judgment. iv) On 08.11.2025 adjourned to 27.11.2025 for judgment.
v) On 27.11.2025 adjourned to 15.12.2025 for judgment. vi) On 15.12.2025 adjourned to 03.01.2026 for judgment. vii) On 03.01.2026 adjourned to 06.01.2026 for judgment. viii) On 06.01.2026 adjourned to 09.01.2026 for judgment. ix) On 09.01.2026 adjourned to 19.01.2026 for judgment.
x) On 19.01.2026 adjourned to 02.02.2026 for judgment.
(20) Fortunately or unfortunately on 02.02.2026 CRP(MD).No.2309 was listed to verify whether the suit was disposed of as per the time bound direction of the Hon’ble High Court. A representation was made that the suit was also posted on 02.02.2026 for the judgment and on the basis of the said representation the CRP was closed on 02.02.2026.
(21) But on 02.02.2026, the learned Sub-Court adjourned the matter to 07.02.2026 for the judgment and on 07.02.2026 the Learned Sub-Judge made a diary entry that the suit was disposed and dismissed. But neither the Judgment was pronounced in the open court nor uploaded in the website.
(22) Then we made repeated attempts to find out whether actually the suit was dismissed and when the judgment was delivered.
(23) Then on our repeated attempts the judgment, was uploaded without even any prior notice in website on 03.03.2026 by 7.00 pm.
(24) The Judgment rejected our claim for denominational status as there is no common head forgetting the fundamental argument that ‘Thirisuthanthirarhal’ are God sent persons and Lord Muruga of Thiruchendur declared that he is one among 2000 Thirisuthanthirarhal at Thiruchendur in the very old ancient scriptures like ‘Jayanthipuranam’.
(25) As far as the rights enjoyed by them leading to the claim for denominational status is concerned the Learned Sub-Court held that it has no jurisdiction to decide those matters forgetting another fundamental principle of law that the denomina5oqwtional status itself was claimed only on those rights conferred on them by the Temple from time immemorial.
FULL BENCH:-
(26) Incidentally, unavoidably and necessarily I have to Quote the research oriented and heart felt words of the Hon’ble Full Bench here.
(27) The Hon’ble Full bench of Madurai Bench of Madras High Court in WP. (MD) No11817/2018 dated 30.08.2022, has traced the history of Thirusuthanthararhal and their connection with the temple and the deity and has chosen to hold as follows:-
“The shore~town of Tiruchendur is one of the important pilgrim centres of India. Lord Subrahmanya, popularly known as Muruga, is its presiding deity. The temple is one of the six abodes of Lord Muruga. It has been celebrated in Sangam literature. Since it is a public temple, it has been brought under the purview of the Tamil Nadu Hindu Religious and Charitable Endowments Department. The Executive Officer of the temple is in the rank of a Joint Commissioner.
2.A set of persons known as Thirisuthanthirars have been associated with the temple from time immemorial. Tirunelveli District Gazetteer of the year 1911 refers to them in the following terms : “The Mukkani Brahmans, of whom there are probably not less than a thousand in Tiruchendur, stand in a peculiar relationship to the Subramanya temple. When founding the place, the God Subramanya set up 2,000 families of this case to attend to the services of the temple, a duty which they have ever since faithfully performed. Their functions consist mainly in making offerings and performing religious ceremonies~kattalais such services are called on behalf of absentee worshipers. Distinguishable by their topknots of hair, which, very much like the malayalis, they train to fall above their foreheads, they may be seen journeying in almost any part of the country, either to collect subscriptions for the temple festivals or fees from their tardy patrons. There is no doubt that the business is remunerative; they are generally well to do and lead a comfortable existence.”
Cases were filed by individual Thirisuthanthirars for enforcing their claims before the authorities constituted under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “the Act”). On more than one occasion, matters were taken right up to the Hon-ble Supreme Court of India. Registered societies have been formed to espouse their collective interest. One such body has filed O.S No.157 of 2017 on the file of the Sub~Court, Tiruchendur (earlier O.S No.23 of 2013 on the file of the Sub~Court, Tuticorin) for declaring that they are a denominational community and that they are entitled to perform the schedule mentioned religious services in the temple and that they should not be restrained from carrying them out. Written statement has been filed and the suit is still pending.
What is spoken in volumes of scriptures and ancient books about the above sect are spoken in two paras more powerfully and more understandably by the Full Bench and I don’t know what more remains for the arguments and verdict by the Sub Court after 1 year and 3 months.
(V) CONCLUSION:-
Though my voyage to Thiruchendur thus ends in failure in the court inspite of my detailed arguments on several occassions and suffering, I know that the way in which I was made to stand and sit before Lord Thiruchendur Murugan and ‘Sathru Samhara Moorthy’ for nearly an hour and Chant mantras on more than 7 to 8 occasions in a year because of ‘Thirisuthanthirarhal’ gives me a feeling that Lord Muruga has recognized me also as his devotee, and made me to understand that Lord Muruga through the Sub-Court invited me to enable me to realize his kindness, mercy and love towards all irrespective of their status. That is the reason as to why I started this article with the words of gratitude to the learned Sub-Court at Thiruchendur.
Now I place my Written Arguments and Additional Written Arguments submitted in Sub-Court, Thiruchendur in support of the plaintiff, who are ‘Thirisuthanthirarhal’ whom Lord Muruga claims that he is one among the 2000 ‘Thirisuthanthirarhal’ at Thiruchendur in Jayanthipuram.
R.SINGGARAVELAN SENIOR ADVOCATE