IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NOs.22886 and 22887 of 2007 and M.P.NOs.1,2,1 and 2 of 2007 Thiru Sabanatha Oli Sivachariyar .. Petitioner in both petitions Vs. 1.The Commissioner, H.R. & C.E. Department, Uttamar Gandhi Salai, Chennai-34. 2.The Joint Commissioner, H.R.&C.E. Department, Villupuram. 3.Thondarkula V.Perumal Jothi Nagar, Pudhukudi (P.O), Parthibanoor, Ramnad District-607 302. 4.The Executive Officer, Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur, Cuddalore District-607 303. 5.The Chairman, Board of Trustees, Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur, Cuddalore District-607 303. (RR4 and 5 impleaded as per order dt.28.3.08 in M.P.Nos.3 and 4 of 2007) .. Respondents in in WP Nos.22886 & 22887/07) W.P.No.22886 of 2007 1.The Commissioner, H.R. & C.E. Department, Uttamar Gandhi Salai, Chennai-34. https://hcservices.ecourts.gov.in/hcservices/ 2.The Joint Commissioner, H.R.&C.E. Department, Villupuram. 3.G.Subramanian 4.The Executive Officer, Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur, Cuddalore District-607 303. 5.The Chairman, Board of Trustees, Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur, Cuddalore District-607 303. (RR4 and 5 impleaded as per order dt.28.3.08 in M.P.Nos.3 and 4 of 2007) .. Respondents in W.P.No.22887 of 2007 W.P.Nos.22886 and 22887 of 2007 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records of the proceedings of the order of the second respondent made in Current R.C.Nos.1426/2006/A2 and 1971/2006/A2, dated 18.09.2006 respectively and confirmed by the first respondent made in R.P.Nos.71/2007 and 72/2007, dated 30.4.2007 respectively and to quash the same. For Petitioner : Mr.M.C.Samy (in both the WPs) For Respondents : Mr.T.Chandrasekaran, Spl.G.P.(HR&CE) for R1 and R2 (in both the WPs) MrV.Bharathidasan for R3 (in both the WPs) Mr.D.R.Sivakumar for R4 and R5 (in both the WPs) COMMON ORDER I.The Legend: 1.1. fpHf;FbtSj; jJfU]z mUl;nrhjp cjak; fpilj;jJ vdJ csf;fkyk; fpsh;e;jJ vdJ mfj;nj rHf;F btSj;jJ rhjp Mr;rpukk; Mrhuk; rkak; kjhrhuk; vdr; rz;ilapl;l fyf tHf;F btSj;jJ gythk; bgha;e;E}y; fw;wth;jk; kdk;btSj;J tha;btSj;J tha[w thjpj;j KHf;F btSj;jJ rptnk bghUs; vDk;rd; khh;f;f KGbewpapy; guehj KuRKH'; fpanj/ [O my brothers and sisters of the world! It is dawning in the east. https://hcservices.ecourts.gov.in/hcservices/ The Sun of the Glory of Compassion and Grade is coming into view. The lotus of my heart is blooming in joy. The evil of my mind is losing its grip. The partisan quarrels and discords arising from castes, ashramas, sects, and dogmas are ceasing to be. Those who have long poured over many a false treatise have lost their faith, their speech and vocal power of noisy debate, Hark, my brothers and sisters! Do you not hear the unending roll of the drums of the Divine Spirit of the Supreme Lord, the one without an equal, and realize the Truth? Do you not hear that compassion towards all living beings is the one universal way of attaining Him?] 1.2. Mjpa[k; eLt[k; me;jKk; ,y;yh mUl;bgU"; nrhjpvd; csj;nj ePjpapy; fye;J epiwe;jJ ehDk; epj;jpad; Mapndd; cyfPh; rhjpa[k; kjKk; rkaKk; jtph;j;nj rj;jpar; Rj;jrd; khh;f;f tPjpapy; cikj;jhd; epWt[ty; cz;ik tpsk;gpndd; tk;kpnB tpiue;nj/ [O ye Men and Women of the world! Do come this way The supreme gracious glory, which has neither beginning nor middle nor end, has filled my mind in mercy. And I have become an eternal being. And I will establish ye in the broad day light of the one supreme ever existing. Lord beyond, removing from you the excrescences of caste, dogmas and sect The Truth is spoken, O ye Men and Women of the world Do come quick this way.] [Translation by A.Balakrishnan – Thiru Arutpa (1966)] 2.Vallalar – The Reformer:- 2.1.Vallalar (Ramalinga Pillai, Maruthur), made this revolutionary declaration in the late 19th century and ever since his spectre of Arutpa haunted throughout the length and breadth of Tamil Nadu. Though he was born on 05.10.1823 and disappeared from this World on 30th January, 1874, only for a period of half a century, his mesmeric words and deeds had a sway over the people of Tamil Nadu continues and still has substantial following of the enlightened till date. He could attack the obscurantist caste https://hcservices.ecourts.gov.in/hcservices/ bickerings and religious divides even 150 years before makes him an extraordinary human being. He was not a mere theosophist to wean persons from the material world and his teachings had relevance in his contemporary world. Of half century of his material existence during the first 40 years, after travelling widely and visiting many temples in Tamil Nadu got reflected in his hymns and verses. The last decade of his life saw a dramatic change in his outlook which based upon formless worship and his abundant love towards fellow human beings. Many of his words and deeds had remarkable influence not only on the people, but even on the colonial rulers of his time. 2.2.He could attack religions and caste as false make ups. He could derail Agamas and Vedas, making any one amazed by his boldness. The following verses composed by him will show the same:- a) rhjpa[k; kjKk; rkaKk; bgha; vd Mjpapy; czh;j;jpa mUl;bgU";nrhjp (211) The boundless benevolent Jothi enlightens that caste, religion and creed are false. b) MfKo nky; Muz Konky; Mfepd;W X';fpa mUl;bgU";nrhjp (5) The boundless benevolent Jothi towering over the Crowns of Agamas and Vedas Transcends them c) rkak; Fyk; Kjy; rhh;g[ vyhk; tpLj;j mkak; njhd;wpa mUl;bgU";nrhjp (293) The boundless benevolent Jothi has appeared at the right moment when the bias of religion, caste etc. were eschewed. (Translated by Swami Saravananda) 2.3.It will not be out of place to refer that the then colonial Government enacted The Caste Difficulties Removal Act, 1872. The Act safeguarded intercaste marriages and declared them as valid provided parties getting married are above the prescribed age. There was extraordinary coincidence between his campaign against caste conflicts and Government enacting a law safeguarding the rights of the people. 2.4.The then Madras Presidency witnessed grave famines including the one at Kalahandi (presently in Orissa State) in 1866 which was seen in this part of the Country. People were dying in thousands for want of food. Vallalar so moved by the plight of common people, sang in desperation. He lamented and worried on seeing the withering crops. When Vallalar saw human sufferings it gave immense pain. The hungry faces he saw reminded him of withering ear of cereals falling for want of nourishment. He felt such profound compassion in his heart because God resided there. The feeling of compassion is given only for humans. Vallalar felt sad seeing the hungry faces and his compassionate heart went out to help them. When he saw a frail man, he felt himself to be frail. He https://hcservices.ecourts.gov.in/hcservices/ prayed for disease-free life for all. It is this concern for the poor and downtrodden, this eagerness to wipe out poverty from the face of the earth that elevated Vallalar to the level of an outstanding and divine personality. His feelings poured out in the following lines which also became his famous quote: thoa gapiuf; fz;l nghbjy;yhk; thondd; grpapdhy; ,isj;nj tPLnjhWk; ,ue;Jk; grpawhJ mah;e;j btw;wiuf; fz;Lsk; gijj;njd; ePoa gpzpahy; tUe;Jfpd;nwhh; vd; neUwf; fz;L csk; Joj;njd; <od; khdpfsha; ViHfsha; be";R ,isj;jth; jikf; fz;nl ,isj;njd;/ 2.5.He did not stop lamenting, but started during 1867 a gruel centre at Vadalur and started feeding all the poor, who visited Sathya Gnana Sabai without regard to caste, creed or religion. The fire that was lit by him is never put out and it continues till today. He considered "Annadanam" (feeding poor) as one of the great virtues. 2.6.His anger against the Almighty who makes the poor to suffer made him to question the God whether it was proper to keep the poor to suffer and give food. If such sufferings continued, he made it clear that he will not keep his patience. He prayed for the alleviation of all sufferings in the following lines: thiHao thiHbad te;j jpUf;Tl;l kugpdpy; ahd; xUtd; md;nwh tifawpnad; ,e;j ViHgLk; ghL cdf;Fj; jpUt[sr; rk;kjnkh ,JjFnkh ,J Kiwnah ,J jUke;jhndh khiHkzpg; bghJ el";bra; ts;shy; ahd; cdf;F kfdyndh ePbadf;F tha;j;jje;ij miynah nfhiHcyF caph;j;Jauk; ,dpg;bghWf;f khl;nld; bfhLj;jUs; epd;dUs; xspiaf; bfhLj;jUs; ,g;bghGnj/ 2.7.Even before Indian National Congress was formed and campaign for a Self rule, Vallalar expressed openly that a rule without compassion must end and persons with good principles and grace must rule;- fUiz ,yh Ml;rp fLfp xHpf mUs; epae;j ed;khh;f;fh; Ms;f/ 2.8.Naturally, when his reach and sweep was multiplying with great speed, he himself made an introspection and came out with new ideas, which were not spoken by him earlier. His ideas were unique and his social reform in him came to the fore. He was the forerunner among the thinkers of his age. Subsequently, to his Siddi as is always expected, persons who claim to be his followers tried to interpret his life and teachings in their own style. It is suffice to state that Vallalar did not leave any heir apparent or a "Ilaiyapeedam" as had happened in other Maths and Adinams. But, this gave rise to many bickerings. The present litigation arose out https://hcservices.ecourts.gov.in/hcservices/ of one such attempt by a person who claims to be the follower of Vallalar. 3.The present litigation: 3.1.The petitioner in both the writ petitions is one and the same person. He claims to be the lineal descendant of late Adoor Sabhapathy Sivachariyar and hereditary Archaga of Sathya Gnana Sabai at Vadalur. Sathya Gnana Sabai was founded and established by Shri Chidambaram Ramalingam Maruthur and popularly known as Vallalar Ramalinga Adikal. 3.2.In both these writ petitions, the petitioner seeks to challenge the order of the second respondent Joint Commissioner, Hindu Religious & Charitable Endowments Department (for short H.R.& C.E.), Villupuram, dated 18.9.2006 and confirmed by the first respondent Commissioner, H.R.& C.E. Department, vide his order, dated 30.4.2007. 3.3.When the matter came up on 6.7.2007, notice was issued to the counsel for H.R.& C.E. Department. Accordingly, Mr.T.Chandrasekaran, learned Special Government Pleader, took notice. Subsequently, the Executive Officer and the Chairman, Board of Trustees of Thiru Arutprakasa Vallalar Deiva Nilayam, Vadalur got themselves impleaded as respondents 4 and 5. On behalf of the first respondent, a common counter affidavit, dated 30.8.2007 was filed. The third respondent, who was a private respondent represented by his counsel, also filed his counter affidavit, dated 2.1.2008. On behalf of impleaded respondents 4 and 5, a common counter affidavit, dated 28.9.2007 was filed. 4.Petitioner's contention: 4.1.The petitioner claims that Vallalar was a staunch devotee of Lord Nataraja of Chidambaram. He devoted his entire life in propagating Saivatism. He had written many lyrics in praise of Lord Siva at Padi, Lord Subramaniar at Kandakottam and Goddess Vadivudaiamman at Thiruvotriyur. Vallalar had great respect for the forefather of the petitioner, i.e. Adoor Sabapathy Sivachariyar. They had discussion over various aspects of Saivatism. Vallalar had number of disciples and followers, who donated lands and cash gifts. According to the petitioner, Vallalar had strong belief that Lord Siva is the only ultimate God. Lord Nataraja at Chidambaram was considered by him as one of Siva's manifestation. He sung many poems in praise of Lord Nataraja, which were subsequently published as "Nangam Thirumurai". Vallalar wanted to establish a temple for Lord Nataraja at Vadalur with the funds donated by his devotees. He conceived and designed the architecture of the temple and made it in the form of Lotus leaves with "Ashtakonam Formation". While he labelled Chidambaram temple as Purva Gnana Sabhai, he named his temple at Vadalur as "Uttira Gnana Sabai". He installed a "Spatika Lingam" representing "Roopa/Arupa" manifestation of Lord Shiva. The seven curtains hung therein represented seven "Sakthis". He also put a plain glass and lamp behind the glass in the "Sanctum Sanctorum". The installation and consecration function were carried out by the forefather of the petitioner as per agamic rules on 25.1.1872. https://hcservices.ecourts.gov.in/hcservices/ 4.2.It was claimed that from that day onwards, poojas were performed according to Saiva Agamic rules by Adoor Sabapathy Sivachariar. Vallalar had reposed full confidence on him and entrusted the administration of Sathya Gnana Sabai to Sabapathy Sivachariar. The said Sabapathy Sivachariar was the Managing Trustee and administrator of Sathya Gnana Sabai during his life time between 19.8.1889 and 13.11.1903. After his demise, his legal heirs were the trustees of Sathiya Gnana Sabai till 1936. The fact that Vallalar had recognised Agamic form of poojas can be seen from the letter written by Vallalar to Sivachariar on 3.6.1868. The compilation of writings of Vallalar came to be labelled as "Thirumurai". The first five compilations were known as "Five Thirumurai". They were in praise of Lord Shiva, Lord Vinayaga and Lord Subramania. After consecration ceremony in the Sathiya Gnana Sabai, Vallalar went to Mettukuppam, which is 5 Kms. away from Vadalur. During the period from 1869 to 1873, he had written poems, the compilation of which came to be known as "Aram Thirumurai" (Sixth Thirumurai). The said compilation contained very many controversial issues. Vallalar himself decided not to publish "Aram Thirumurai" and ordained his disciples not to venture on publishing the "Aram Thirumurai". 4.3.It was stated by the petitioner that after the establishment of H.R.&C.E. Department, the administration of the institution was taken over by the Government. The pooja system based on agamic injunctions started during the life time of Vallalar, were continued even after the administration was taken over by the Government. The Department itself had published various writings of Vallalar. It recognised the usage and custom followed by Sabai. The publications of "Deiva Nilayam" made in 2003 carried out information about the usage and custom followed by the Sabai which clearly revealed that Agama form of worship was followed as was done by Adoor Sabapathy Sivachariar. The said publication also informed about Vallalar's ordain to his disciples not to venture publication of "Aram Thirumurai". Contrary to his wishes, "Aram Thirumurai" was published during 1885. 4.4.The petitioner claimed that the third respondent who claims to be the follower of Vallalar's teachings, sent a representation to the HR&CE Department and complained about the wrong rituals performed at Vadalur which is contrary to the philosophy propounded by Vallalar as well as his directions issued on 18.12.1872. On the basis of the complaint, the Joint Commissioner, HR&CE, Villupuram (second respondent) was directed by the first respondent to conduct an enquiry. Pursuant to the same, the petitioner was issued with a notice to appear for the enquiry. The enquiry conducted by the Joint Commissioner was administrative in nature. The said officer directed the petitioner to give statement regarding usage and custom followed in the Sabai. It was also furnished by the petitioner. Though the third respondent had sent a complaint, he neither examined himself nor filed any records to substantiate his claim. The second respondent did not conduct any proceedings as per the procedure contemplated under Section 63 of the HR&CE Act. According to the petitioner, if any dispute has to be tried under Section 63(e), it can be done only in the manner https://hcservices.ecourts.gov.in/hcservices/ provided under the Act and the procedure is quasi judicial in nature. However, without due regard to the custom and usage in the Sathiya Gnana Sabai and without following due procedure under Section 63, the second respondent passed the impugned order, dated 18.09.2006. By the said order, he had directed certain forms of rituals to be performed as if those rituals were ordained by Vallalar as per his letter dated 18.12.1872. Further, direction was given to stop all other forms of rituals which is conducted for the last 136 years. 4.5.It was also claimed that the second respondent has no power under the Act to direct as to how any rituals can be performed in a religious institution. The Act do not empower the authority to decide the forms of rituals to be performed in any religious institutions. The Act only provides administration of property and the governance of the institutions. Nowhere, the Act gives power to department to interfere in the religious affairs of the institution. Such interferences are prohibited by the Constitutional rights guaranteed under Articles 25 and 26 of the Constitution. 5.Devotees complain: 5.1.In the first impugned order, dated 18.9.2006, it was stated that Arulmigu Vallalar Deiva Nilayam at Vadalur (Sathiya Gnana Sabai) was maintained by the department under Section 46(iii) and was declared as non hereditary trust. The Board of non hereditary trust and the Executive Officer were in-charge of the administration. The Assistant Commissioner, Cuddalore was nominated as the Thakkar. The third respondent in W.P.No.22886 of 2007 had filed a writ petition being W.P.No.4063 of 2006. One Subramanian also filed W.P.No.21457 of 2006 before this court. The relief claimed by them was to consider their representations, dated 25.3.2006 and 7.6.2006 respectively. In their complaint, they had alleged that the rituals and poojas performed in Sathiya Gnana Sabai are contrary to the principles and tenets of Vallalar. The two writ petitions were ordered on 28.4.2006 and 17.7.2006 and the department was directed to take action on those representations. 5.2.The contentions raised by the two individuals (which included the third respondent) was that the Sathiya Gnana Sabai established by Vallalar at Vadalar transcend caste and religion. There is no discrimination between high class and low class people. It propagated non violence and the practice of vegetarianism. It is based on love and affection. The worship of God in formless fashion. In effect, it is in the form of "Jothi". Vallalar himself gave directions by his ordain, dated 18.7.1872 regarding pooja method to be performed in the Sabai. But contrary to his directives, the idol worship and other different rituals were introduced, which were against the tenets laid by Vallalar. The writ petitioner herein installed Sivalingam in the Sathiya Gnana Sabai and started performing poojas to Sivalingam. When he was functioning as Poojari, on the day of Pradhosham, he performed poojas to the idol and started distributing "Sacred Ashes" (Vibhudi) to the devotees as well as "Naivedya Prasadam" (food offerings) to the worshippers. Therefore, the petitioner before the second respondent wanted the department to restore performance of https://hcservices.ecourts.gov.in/hcservices/ poojas as ordered by Vallalar as per his directives, dated 18.7.1872 which was published by Vallalar Deiva Nilayam and as per the customs and rules dated 25.01.1872. The publication themselves were done by Sathiya Gnana Sabai. 5.3.It was based upon the said representations, the second respondent Joint Commissioner heard the matter after issuing notice to the petitioner. He conducted an enquiry on 13.7.2006. That day, the Executive Officer of the Sabai (Sankaranarayanan), The Chairman of the trust (V.M.Shanmugam) and the other trustees Arutpa Annamalai and M.A.Rajan and the Accountant P.Gnanaprakasam appeared and gave their statements. 5.4.It was stated before the Joint Commissioner that in the Sathiya Gnana Sabai, as per the directive of Vallalar, there can be worship of Jothi Dharshan. Even if a Brahmin wants to worship, he should remove his sacred thread, deny his caste identity and then can perform divine service. But, the petitioner contrary to the directives of Vallalar, had established inside the Sabai on its eastern side, a Lingam and practiced rituals including worship during Pradhosham period. The public made complaints. It was also stated that apart from worship of Jyothi, there is no other ritual can be performed in the Deiva Nilayam. In the enquiry held on 13.7.2006, the temple Archakar (i.e. the petitioner) did not appear. The third respondent had appeared on 22.8.2006 and gave statement stating that as ordained by Vallalar, dated 18.7.1872, any children below 12 years or any person above 72 years are permitted to clean the Sathiya Gnana Sabai and light the lamp. But, the present Sivachariar is conducting rituals applying Sacred Ash and also doing Pradhosha rituals. Photographs to prove the same was also submitted. The publication made for 135th Thaipoosam festival was also produced to show that the pamphlet contained the details regarding Linga Pooja. 6.Joint Commissioner conducts an enquiry: 6.1.On 18.09.2006, the Thakkar/Assistant Commissioner and the Executive Officer also gave statements. On both the statements, it was stated that Vallalar's identity should not be obliterated by performing religious poojas. The petitioner submitted his statement through his counsel on 18.9.2006 and enclosed six documents. He claimed that 25.1.1872 was the first Thaipoosam festival day. Vallalar gave the grandfather of the petitioner a mirror and a lamp and thus started the present pooja system. Thereafter, the same rituals are followed by his successors. The first document was the sign by Vallalar. The second document was the festival invitation held on 11.2.1941. The third document was again the festival invitation, dated 1.2.1942. The 4th and 5th documents are Thaipoosa festival documents. The sixth document was the list of trustees. 6.2.On the basis of the above documents, the second respondent framed the following three issues: (i)Who had started rituals in the Sathiya Gnana Sabai from 25.1.1872? (ii)When the Idol worship was started and when the Lingam was installed? https://hcservices.ecourts.gov.in/hcservices/ (iii)Whether the present rituals are as per the tenets of Vallalar? 6.3.In respect of these three issues, the authority found that there is no clear indication that the present rituals were as per the document No.1. The document did not even contain the year, date, day. The signatures of Sabapathy Sivachariar and Vallalar could not be identified. The truthfulness of the document was not proved. It is claimed through document No.6 that Sabapathy Sivachariar was the trustee upto 13.11.1903 and because of ill- health, by a transfer deed, he had transferred the trusteeship to his son and daughter-in-law. Thereafter, after his death, Sabanatesa Sivachariar and his son-in-law Panchabagesa Sivachariar became trustees. From the time when Thaipoosam festival was started, the place, time and date as to when Thaipoosam festival was started and to the earlier period from when the present rituals were done were not proved. Further, Sabapathy Sivachariar was continued to be a trustee was also not proved. It was also not proved that the trustees themselves were also poojaris at that time. 6.4.The Sathya Gnana Sabai though was established on 25.1.1872, the worshipping methods were laid by the rules framed on 18.7.1872. It has been clearly stated that it is the Jyothi form of worship that has to be performed. It was stated that from the time when Vallalar established Sathiya Gnana Sabai, there was only the worship of God in its Jyothi form alone and no other form was adopted. The present idol worship was started very recently. Such practice is clearly contrary to Jyothi form of worship. With reference to three issues, it was stated that the present form of worship was clearly contrary to the procedure laid down by Vallalar. The worship of Lingam and carrying out Pradhosha worship to it is contrary to the directives of Vallalar. There were several complaints received and a resolution was also passed in the trustees meet held on 4.8.2005. Therefore, the petitioner before the Joint Commissioner failed to prove that the present rituals are carried out by him as ordained by Vallalar. On the contrary, the rituals should be practiced were laid down by Vallalar by his directive dated 18.7.1872. 6.5.The Joint Commissioner found that Vallalar himself had delineated the nature of worship and he stated that the worship will have to be done onlly in Jyothi form and not other form of rituals are to be practiced in Sathya Gnana Sabai. On the contrary, the Poojaris have installed religious idols inside the Sathya Gnana Sabai. After performing poojas each day two times from 11.30 to 12.00 Noon and 7.30 to 8.00 p.m. with Jyothi form, subsequently, other rituals were conducted by Poojaris without knowledge of public inside the Gnana Sabai. Thereafter, when they started openly performing poojas to the knowledge of devotees, protests started mounting and representations were given that such changes in the rituals are illegal. https://hcservices.ecourts.gov.in/hcservices/ 7.Joint Commissioner's Directives:- 7.1.Therefore, the Joint Commissioner gave directions by listing out the nature of worship as ordained by Vallalar himself, dated 18.7.1872, which was published by Sathya Gnana Sabai in its publication as found at pages 551 to 553. The 12 rules extracted from the directive and incorporated as part of the order, are as follows: (i)Those persons who belonged to Sanmarga Sangam, should follow the principles of Vallalar and should not have any desire over earth, gold and woman