Justice for Dhikshidars and Protection for Chidambaram Natarajar Temple

To:
Honourable Chief Justice of india,
Supreme Court of India,
New Delhi.

Respected Lordship

Sub: Justice for Dikshidars and protection for Chidambaram Natarajar Temple Prayer for nullifying the Madras High Court Order.

Ref: The order dated 2nd February 2009 issued by Honourable Justice Mrs. R. Banumathi concerning the W.P.No. 18248 of 2006 and M.P.Nos.2/2006 and 1/2008

The Madras High Court had endorsed the appointment of an Executive Officer by the HR & CE Department of Tamilnadu government to take control of the Chidambaram Natarajar Temple.

The Podhu Dhikshidhars Sangam (PDS) challenged the government order of 31 July 1987, which was later passed as an ordinance in the state assembly in 2006, at the Madras High Court. As the Dikishidhars have the traditional rights over the administration, customs and rituals of the famous temple for centuries, they rightly claimed the denomination status and averred that the appointment of executive officer amounts to interference in their religious affairs and that it also goes against Article 26 of the Constitution, as per which they rightfully enjoy a special (Denomination) status with complete autonomy in administering the temple, its properties and conduction of rituals.

But then, the Honourable Justice Mrs. R Banumathi had observed that the PDS could claim protection only under Article 25 of the Constitution. She had opined that the right to manage the temple is not part of the religious practice and as such comes under the control of HR & CE. She had also said that it has been consistently held by the Supreme Court that the secular activities are subject to statutory control. The Honourable Judge, under the consideration of the above, had further said that the PDS is not entitled to protection under clause (b) and (d) of Article 26 of the Constitution and upheld the appointment of the EO by the HR & CE Department of the State Government.

Respected Lordship
I humbly and strongly feel that the Honourable Madras High Court has not taken into consideration the confirmation of the Denomination Status to Chidambaram Natarajar Temple, originally pronounced by the British authorities in 1891 ((India Case Report 14, Madras, Page-103) in the Natesa Dikshithar vs Ganapathy case, and also by the Supreme Court of India way back in 1958, as an off-shoot judgment in the case of Mr.Venkateswara Thambulu vs State of Mysore (AIR 1958 SC 255 SC reporter 1958 page 895).

In the famous Shirur Mutt Case (Commissioner, HR & CE Madras Vs. Sri Lakshimindra Thirtha Swamiar of Shri Shirur Mutt SPA 1954), the Supreme Court had observed categorically that, Under Article 26 (b), a religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the religion they hold and no outside authority has any jurisdiction to interfere with their decision in such matters. As the Chidambaram Temple and the Dikshidar community enjoy denomination status, right from the opening of the temple early in the morning to the closing of the temple in the night, all activities carried out by the Dikshidars are religious and they do not run counter to public order, health and morality and they are not economic, commercial and political in their character.

Recently with reference to the administration of Sri Karaneeswarar Temple, Saidapet, Chennai, when the HR & CE Department of the Tamilnadu government appointed an Executive Officer (EO) to administer the temple, the Honourable High Court, admitting the petitions filed by the Senguntha Mudhaliar community (WP No: 15468 of 2003 and WP No: 15469 of 2003), had ruled that the appointment of EO is unnecessary and observed that the EO could operate only as an implementing functionary of the dictates of the Senguntha Mudhaliar Community. It is pertinent to note that the judgment has been in favour of the Senguntha Mudhaliar Community despite it not enjoying a denomination status.

As recently as 2008, the Andhra Pradesh government has recognised the worship and administration of the Chilkur Balaji Temple, Hyderabad as unique and confirmed it through a special government order (GO M/s No 260 dated 29/2/08) allowing it to continue as it is, thereby assuring that the government would not interfere in the administration of the temple in future too.

Respected Lordship

The Podhu Dhikshidars Sangam (PDS) had filed a Writ Appeal, which has been admitted by the Divisional Bench of the Madras High Court and Janatha Party President and Former Union Law Minister Dr.Subramanyam Swamy has also impleaded himself in support of the Dikshidars. The case had to be adjourned twice due to the untoward incidents happened in the Madras High Court on 17, 19 and 25 February 2009. Now since the functioning of the High Court has been stalled by the agitating lawyers, the case remains pending.

Respected Lordship
I hope that the Honourable Divisional Bench, in its next sitting, would consider all the relevant facts and previous judgments and finally quash the appointment of the Executive Officer by the Hr & CE Department of Tamilnadu Government and confirm the Denomination status of the Chidambaram Temple and the Dikshidars Community. In the event of an unfavourable judgment by the Divisional Bench, I am of the opinion that the PDS might approach the Honourable Supreme Court and during that time, I would humbly request you to kindly admit this online petition too for your kind consideration, as this petitioned has been accepted and endorsed by thousands of concerned citizens of India and the Indians settled abroad.

Respected Lordship
I strongly feel that as per the Freedom of Religion enshrined in the Constitution, the constitution of HR & CE Department itself is a violation of the Constitution. Hence, I hereby request you to kindly quash the appointment of the EO and direct the Tamilnadu government to stop meddling with the administration of the Chidambaram Natarajar Temple and also to issue an Order confirming the Denomination Status of the Temple and the Dikshidars Community.

Thanking You Sir,

Yours Truly,


B.R.Haran (A Devout Shiva Baktha),
Chennai