na Krishnamoorthy v (1) Commissioner, HR and CE Department, Chennai; (2) Joint Commissioner-Executive Officer, Arulmigu Subramaniya Swamy Thirukovil, Tuticorin;

(3) C. Devadoss Sundaram; (4) S. K. Chandrasekaran; (5) Padikasu; (6) Thangadurai; (7) Thilakavathi
Madras High Court 22 June 2009

Case Analysis
Bench
V. RAMASUBRAMANIAN, D. HARIPARANTHAMAN

Where Reported
2009 Indlaw MAD 1605; 2009 (4) CTC 20

Case Digest
Subject: Constitution; Trusts & Associations Keywords: Writ appeal disposed of, Constitution Of India, 1950, Tamil Nadu, Indian Succession Act, 1925, Religion, Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970 Summary: Trusts & Association - Constitution - Constitution of India, 1950, arts. 25 and 26 Customs - Religious practice - Devotee of Lord Subramanya of Thiruchendur filed writ petition seeking issue of writ of Mandamus to forbear Board of Trustees of Tiruchendur temple from constructing, on occasion of kumbabhishekam of temple, yagasala for uthsavamurthy Shanmugar, outside compound wall of temple, contending that it was opposed to mandate of Agama Sastras -

(A) Whether Court can decide said issue? - Held, what constitutes an essential part of a religion or a religious practice has to be decided by Courts with reference to doctrine of a particular religion and include practices which are regarded by Community as part of its religion (B) Contention that rituals in temples, especially those of Saivaite sect are governed by prescriptions in Agamas, which mandate construction of yagasala within temple precincts Passage in Vamadeva Paddhati expressly allows construction of yagasala outside precincts of temple on a condition that in event of yagasala being located outside temple, certain purification ceremonies have to be performed in advance - Held, location of yagasala outside temple, cannot be found fault with - However, since very text Vamadeva Paddhati relied upon by respondents, contain a mandate to perform certain purification ceremonies known as Bhoo S'odhanam or Salyoddharanam, respondents directed to perform same strictly in accordance with dictate of Vamadeva Paddhati and thereafter proceed with consecration ceremonies (C) Whether religious custom or practice, followed for several centuries, cannot be tampered with by administration, merely on ground of convenience, since such customs and practices have a Constitutional protection u/arts. 25 and 26? - While an essential religious practice is protected by art. 25(1), an optional religious practice is not - If a custom or practice followed for several years, is altered or deviated from, and such deviation has sanction of some ancient religious texts, it cannot be said to be an infringement of Arts. 25 and 26 - Held, very construction of yagasala is undoubtedly an essential religious practice, practice of locating same inside temple, though followed for centuries in temple, cannot be taken to be an essential religious practice, which is inviolable, especially in light of license expressly granted by Vamadeva Paddhati, to location of yagasala outside - Contention that change of location of yagasala amounted to an infringement of Arts. 25 and 26, cannot be accepted in view of (i) non availability of any prohibition for same in Agamas or Paddhatis and (ii) express stipulation contained in Vamadeva Paddhati permitting location of yagasala outside - Writ appeal disposed of.

Cases Referred To
Ram Jankijee Deities and Others v State of Bihar and Others 1999 Indlaw SC 813, 1999 (5) SCC 50, 1999 AIR(SC) 2131 Seshammal and Others v State of Tamil Nadu 1972 Indlaw SC 607, 1972 (2) SCC 11, 1972 AIR(SC) 1586, 1973 (1) MLJ 58, 1972 (3) SCR 815 Sri Venkataramana Devaru and Others v State of Mysore and Others (with connected petition) 1957 Indlaw SC 120, 1958 AIR(SC) 255, 1988 (34) ELT 521, 1958 (1) MLJ 109, 1958 (1) MLJ(SC) 109, 1958 SCJ 382, 1958 (1) SCR 895

Legislation Cited
Constitution of India, 1950 Constitution of India, 1950 art. 25

Constitution of India, 1950 art. 26 Indian Succession Act, 1925 Indian Succession Act, 1925 s. 118 Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970 2011 Thomson Information South Asia Pvt Ltd Thomson Reuters homepage Customer support 1800 266 0288 2011 Thomson Reuters (Legal) L