MADURAI: Observing that an idol housed in a temple must be treated as a living being, and closing the temple without the customary rituals would amount to its ‘imprisonment’, the Madurai Bench of the Madras High Court ordered the reopening of Sri Muthalamman and Sri Mariyamman Temple in Uthapuram village of Madurai district.
Justice GR Swaminathan was hearing a petition filed by one G Pandi, seeking to prevent the Madurai district administration from stopping the Vellalar (Pillaimar) Uravinmurai from opening the temple and granting permission to conduct the daily poojas and rituals to the deities.
The district administration submitted that the temple was closed by the Pillaimar community on their own, and they did not pass any closure order or lock the temple. They also said the temple was a public temple and was not maintained by the HR&CE department. Persons irrespective of caste can offer their worship and participate in the annual festival, the district administration submitted.
The court said that as long as there is no practice of untouchability or any practice that infringes on people’s rights, a temple cannot be closed or shut indefinitely. It is as much the devotee’s right to offer worship as the right of the deity to be worshipped with rituals. Even prison inmates are fed properly and their necessities are met, but in this case, the deity has been deprived of the dues, the court stated.
The court must exercise parens patriae jurisdiction when the interest of minors, the mentally ill and idols are at stake, and uphold the right of the parties to perform the daily dharmic rituals. If persons obstruct such discharge of duty, the administration cannot remain a mute spectator, the court added.
The Pillaimar community filed the writ petition due to apprehension that the authorities may react adversely. The petitioner showed the current condition of the temple is pathetic. If law and order problems arise, the jurisdictional police may register an FIR, the court said, adding no temple can be locked and sealed due to fear of law and order issues.
The court recalled that a dispute arose between members of the Pillaimar and Pallar communities, which later came to be known as ‘untouchability wall issue’. Writ petitions were filed and disposed of in terms after the parties compromised and a consecration ceremony was performed at the temple. In April 2014, SC persons wanted to introduce new forms of worship, and once again disputes arose. The temple has remained closed since and a case had been registered at Elumalai police station.