Madras High Court upholds Thengalai sect’s exclusive ritual rights at Kanchi temple

The Madras High Court recently upheld the exclusive rights to the Thengalai (Southern Cult) community for performing the Adhiapaka Mirasi (official ceremonial worship service) at the Sri Devaraja Swamy Temple in Kancheepuram [Rajahamsam Vs Narayanan]..The Division Bench comprising Justice R Suresh Kumar and Justice S Sounthar upheld prior judicial decrees on the issue and dismissed challenges from the Vadagalai (Northern Cult) community which sought to introduce their own mantram and prabandham during the official worship period. The Court concluded that the historical injunctions do not violate the fundamental rights of the Vadagalai members and must be implemented to maintain public order and uphold the established religious customs.“The individual members of Northern Cult or any other worshippers can very well participate in the ceremonial worship of God by repeating what is recited by office holders doing Adhiapaka Service. This Court in earlier decisions declared the rights available to the Mmembers of Southern Cult of Kancheepuram to perform certain duties in their capacity as Adhiapaka service office holders. Performance of services like recitation of manthra, recitation of prabandham and recitation of thiruvaimozhi etc., are all within the exclusive domain of office holders and ordinary worshippers or any member of Northern Cult cannot infringe such rights,” the Court further said.The Court thus ordered the temple's executive trustee to enforce the earlier rulings. .The dispute originated from a sectarian conflict between the Thengalai and Vadagalai groups, both followers of Ramanuja, concerning the rituals performed during ceremonial worship and processions at the Sri Devaraja Swamy Temple. The conflict revolved around the duties attached to the office known as Adhiapaka Mirasi.The rights of the respective cults were determined and adjudicated in various decisions over a period of more than 200 years. Key earlier binding judgments include:Krishnasami Tatachaaryar and others vs. Krishnamacharyar and others (1882), which declared the Adhiapaka Miras was the exclusive right of members of Southern Cult residing at Kancheepuram; Tirumalai Eachambadi Thiruvengadachariar vs. Royadurgam Krishnasami Thathachariar (1915), which reiterated that only the Southern Cult mantram of Sri Sailesa Daya Patram shall be recited by office holders during ceremonial worship. V Srinivasachariar vs. Thatha Desika Thathachariar and others (1969) by which the right of the Southern Cult to recite their mantram and prabandham was upheld and the assertion of the Northern Cult to recite their own mantram was negatived..The present cluster of cases included a petition by a Southern Cult member seeking police protection to render service, a petition by a Northern Cult member challenging the temple executive trustee's notice that enforced the earlier decrees and a contempt petition alleging disobedience to the 1915 and 1969 judgments. The executive trustee's notice dated May 14, 2022 directed that only the Southern Cult's mantram and vazhi thirunamam be recited. It barred the Northern Cult's desika prabandham..The Court addressed several points raised by the Northern Cult to challenge the executability and constitutional validity of the old decrees.Fundamental Rights and Judicial OrdersThe Northern Cult argued that the prohibition on reciting their own mantram and prabandham constituted a violation of their right to worship (Article 25) and denominational rights (Article 26).On the right to individual Worship under Article 25, the Court ruled that the individual freedom of religion is "subject to public order" and the restriction on Northern Cult is necessary to prevent the vitiation of the peaceful atmosphere in the temple."The restriction imposed in the decree passed by this Court in earlier litigations injuncting the members of the Northern Cult from reciting their own manthra or prabandhams in their own way during ceremonial worship of God will certainly come under the exception recognised under Article 25(1) of the Constitution of India namely the public order," the judgment said..On Denominational Rights under Article 26, the Court ruled that the Thengalai community residing in Kancheepuram is a "section of denomination" and the right to the office of Adhiapaka Mirasi is protected under Article 26(c) and (d) as a blend of religious and property rights. Hence, the right to worship available to the individuals cannot interfere with the right to ceremonies and rituals available to the members of denomination or part thereof, by virtue of right to office available to the members of Southern Cult..On the challenge to earlier judicial orders, the Court said that once a judicial order has attained finality, it cannot be challenged by way of a writ proceeding on the basis of a fundamental rights violation. .The Northern Cult argued that the injunction decree was time-barred under the old Limitation Act, 1908.This argument was also rejected. Every violation of a decree for injunction gives a new cause of action, the Court said. Further, the Court held that Article 136 of New Limitation Act, 1963 makes it very clear that enforcement of decree for injunction shall not be subject to any period of limitation..On the scope of Mirasi and hereditary rights, the Northern Cult had claimed that the right was limited to 7 families and was extinguished by the abolition of hereditary rights.However, the Court concluded that Mirasi right is vested in the entire body of Thengalai members who are residents of Kancheepuram and the abolition of individual hereditary succession does not apply when the right is conferred upon a "collection of individuals"."The submission made by the learned counsel appearing for the Northern Cult, based on abolition of hereditary right, will not be applicable to cases where the right to office is conferred on body of persons and not to individuals," the judgment said..Thus, the Court concluded that the judgment and decree passed by this Court had attained finality long back. "The same has not been challenged by the petitioner or any other member of the Northern Cult till date. However, in the present writ petition, a consequential order passed by the executive trustee of the temple to implement the judicial order has been questioned. As mentioned earlier, the impugned order only wants to implement the directions issued by this Court in the earlier decisions.".Thengalai sect was represented by Senior Advocates Vijay Narayan, Hema Sampath, V Srinivasa Raghavan, AK Sriram, PV Balasubramaniam and KBS Rajan with advocates MV Swaroop, R Palaniandavan and CMS IndusLaw Partner Varuni Mohan, Senior Associate Harsh Gupta and Associate Priyanka Kannan..Senior Advocate G Rajagopalan with advocate Abhinav Parthasarathy appeared for the Vadakalai sect..Senior Advocates S Parthasarathy, SR Rajagopal, V Raghavachari and Sathish Parasaran also appeared for various respondents across the connected petitions and contempt proceedings..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.