The Writ Petition is filed, challenging the proceedings of the 3rd respondent in Na.Ka.No.54811/2015/12 dated 21.12.2015 and to quash the same.
2. The case of the petitioner is as follows:
(a) The petitioner's Society is registered under the Tamil Nadu Societies Registration Act and it is purely a non-profit organisation, working for religious purposes. The members of the said Society are ardent devotees of the deity Ekambareswarar in Kancheepuram. It is also submitted that as in the case of all major South Indian Temples, the main deity is only represented by a procession idol which takes part in all the festivals of the temple involving processions and chariots rides outside the temple.
(b) The procession idol in the Lord Ekambareswarar temple is a panel of three deities called Somaskandar and that idol was being taken out in procession on various occasions for at least 150 times in a year. Likewise, till in the month of Avani, the Somaskanda idol was taken in procession as a part of the ''Maadi Urchavam'' in the temple street. However, in the Avani, 2015, the procession did not take place. Then, it came to light that the idol of Somaskanda is going to be replaced with a new idol. Thereafter, the former Trustee one Mr.Raghu Venkatesan along with 15 other devotees gave a representation in this regard. The Hindu Religious and Charitable Endowment Authorities requested the Chief Sculptor (Sthapathy) of the HR & CE, Thiru Muthiah Sthapaty to inspect the Somaskanda idol and submit a report regarding the need to change the same. Accordingly, on 04.08.2015, he submitted a report concluding that the damages found in the idols were wholly avoidable and if the idols have been protected properly during processions, no further damage is caused to the idols. Most importantly, he concludes that both in terms of Shilpa Shastras and Agama Shastras, there is no need to replace the idols as none of the major part of the idols, being the parts form the face to the hip are damaged.
(c) While so, it came to light from the Chief Sculptor's report that the idol of the infant Muruga in the middle of the panel went missing and was replaced at some time with a new idol. Thiru R.Nagaswamy, former head of the Tamil Nadu Archaeological Department has also stated that there is no need to replace the Somaskanda idol.
(d) In the above circumstances, the petitioner wrote to Public Information Office of the HR&CE seeking various information regarding the proposed move to replace the Somaskanda idol and the reply was received on 10.05.2016 stating that a copy of the order was being enclosed. Subsequently, on order dated 22.12.2015 was obtained by the petitioner stating that the earlier idol was damaged. Hence the present writ petition.
3. Heard Mr.Vijay Shankar, learned Counsel appearing for the petitioner and Mr.M.Maharaja, learned Special Government Pleader for the HR&CE Department and Mr.R.Bharanidharan for the 5th respondent.
4. After some elaborate arguments, the learned Special Government Pleader appearing for the respondents 1 to 4 has given an undertaking that the original idol of Somaskanda which is now in existence, will not be removed by the respondents. Further, he has also stated that no new idol of Somaskanda will be installed in that place. The said statements are recorded.
5. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
24.01.2017 Index : Yes/No Internet:Yes/No tsi To
1. The Principal Secretary to the Government, Tamil Nadu Hindu Religious and Charitable Endowments Department, Chennai.
2. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Chennai-34.
3. The Additional Commissioner (Thirupani), Office of the Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Chennai.
4. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Vellore.
5. The Executive Officer, Ekambareswarar Temple, Vellore.
B.RAJENDRAN, J.
tsi W.P.No.25127 of 2016 24.01.2017 W.P.No.25127 of 2016 B.RAJENDRAN,J.
Today, this matter is taken up under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
2. Learned counsel for the petitioner brought to the notice of this Court that when the order was passed in the above Writ Petition on 24.01.2017, the understanding was that the original idol will always be kept in the Temple and no new idol will be installed in that place and the same was recorded. He mentioned that another point regarding the procession of the new deity in the Temple, which was ordered in the Court, is not recorded in the said order.
3. Learned Special Government Pleader appearing for the respondents submitted that the old idol will be kept in the same place and the new idol will also be kept in the Temple and it will be utilized only for 'Valam Varudhal', i.e. as Urchavamurthy, when taking in procession of the Temple.
4. Heard both parties. The said statement of the learned Special Government Pleader is recorded and it is made clear that the new idol in the Temple will be utilized only for Valam Varudhal', i.e. as Urchavamurthy.
5. Except the above clarification, remaining portion of the order dated 24.01.2017 stands unaltered. Registry is directed to issue a fresh copy of the order dated 24.01.2017 to the parties in clarifying the above.