Court advises appellant to seek redress under Tamil Nadu HR&CE Act, 1959 for grievances regarding temple honours
In a significant judgment, the Madras High Court has reaffirmed that the special honours conferred upon the Heads of Mutts during temple rituals cannot be claimed as an absolute right. This decision came as a response to an intra-court appeal filed by Srirangam Srimath Andavan Ashramam, which was contesting the cessation of 'Pancha Mudhirai Mariyadhai' honours traditionally accorded to the Head of the Mutt at the Sri Devaraja Swamy Temple in Kanchipuram.
The court, comprising Justices S.M. Subramaniam and C. Kumarappan, emphasized that such honours are governed by the customs and practices of the respective temples and are subject to oversight by the competent authority under the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act, 1959. The judgment underscored that these honours are not an inherent right but a matter of tradition, reinforcing the role of the HR&CE Department in adjudicating disputes pertaining to temple customs.
The appeal arose after the appellant Mutt was excluded from a list of five traditionally recognized mutts whose heads receive honours during temple rituals. The Mutt argued that its Head had been receiving these honours since 1992, and the recent cessation was unjust. However, the court pointed out that the appellant was not a party in the original writ proceedings, thus lacking standing to contest the writ directly.
The court further noted that while the HR&CE Department acknowledged instances where the appellant's Head had been honoured post-1991, it clarified that such practices could not be assumed as permanent rights. The appropriate course of action for the appellant, the court advised, was to approach the Joint Commissioner of the HR&CE Department under Section 63(e) of the Act to resolve any grievances related to these honours.
The judgment concluded by dismissing the writ appeal, affirming the legitimacy of the writ order which had closed the petition based on submissions by the Advocate General, without discussing the specific rights to special honours. The court's decision highlights the delicate balance between religious customs and legal oversight, reiterating that temple practices are subject to state regulation under the HR&CE framework.
Bottom Line:
Special honours conferred to the Heads of Mutts cannot be claimed as an absolute right; it is a matter of practice governed by the customs and usages of the temple and subject to determination by the competent authority under the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act, 1959.
Statutory provision(s): Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act, 1959, Section 63(e)
