MADURAI: The Madurai Bench of the Madras High Court on Thursday referred a plea that challenged a G.O. issued by the Hindu Religious and Charitable Endowments (HR and CE) department, regulating affairs of the Subramaniya Swamy Temple in Tiruchendur, to a larger Bench.
Thiruchendur Shri Jeyanthi Nathar Thirisuthanthirars Kaariyasthar Sthaanigar Sabha said in its petition that the G.O. dated April 1, 2022, besides regulating darshan queue, puja rituals etc of the temple, restricted the activities of Thirusuthanthirars (who are a sect of Brahmins named Mukkani Iyers). The HR and CE department then contended that the G.O. was passed only to implement a series of directions issued by a Division Bench of the High Court in a different case in 2018.
However, another Bench comprising Justices Paresh Upadhyay and R Vijayakumar, which heard the association’s plea this month, observed that the orders of the then Division Bench in the 2018 case were “improper”. They were passed overlooking the relevant statutory provisions and also without hearing the Thirisuthanthirars, Iyers or Poojaries, against whom the directions were issued, the judges added.
“We find prima facie that, none of the orders referred above can be said to be ‘a law’ at all, and even if it is accepted to be law, it cannot be said to be ‘a good law’... According to us, those orders, to say the least, are improper - in procedure, so also in substance,” the judges said. The Bench further expressed that to uphold judicial discipline, it refrains from examining the sustainability of the G.O. independent of the earlier Division Bench’s orders.
Raising questions regarding the validity of the said orders as well as the consequent G.O., the judges told the Registry to place the matter before the Chief Justice to be referred to a larger Bench.