CHENNAI: A division bench of the Madras High Court has set aside a 2022 order of a single judge on the dispute between Thenkalai and Vadakalai sects over recital of hymns at the Varadaraja Perumal temple in Kancheepuram during ceremonial worship and procession of the deity.
The bench comprising justices R Suresh Kumar and S Sounthar directed the executive trustee to implement the decree and orders over the Adhipaka Mirasi rights of the Thenkalai sect passed by the high court on January 15, 1915 and March 24, 1969 in letter and spirit.
The court also said the executive officer can avail of the help of police if necessary.
The division bench was hearing a batch of petitions filed by the members of the Thenkalai and the Vadakalai sects. The Vadakalai sect challenged a 2022 order of the executive trustee permitting only the recital of Sri Sailesa Dayapatram and Manavala Mamunigal Vazhi Thirunamam during the puja service in the temple and keep off the Vadakalai sects.
The Thenkalai sect challenged the single judge’s order allowing the Vadalakai sect to sit beyond the third row in the temple and recite Sri Ramanuja Dayapatram after reciting Sri Sailesa Dayapatram.
Recalling the 200-year-old dispute between the two sects over the rights of the Thenkalai sect for Adhiapaka Mirasi office and injuncting the Vadakalai sect from reciting their mantram during the ceremonial worship and in the service during such worship, the bench held that the court’s orders in 1915 and 1969 clearly established the rights of the Thenkalai sect to recite the Sri Sailesa Dayapatram and the Vadakalai, as ordinary devotees, can join and repeat what was recited by the Thenkalai sect.
The bench held, “When the right to office available to the Members of Southern Cult of Kancheepuram is protected under Article 26(c) and (d) of Constitution of India, the individual Members of Northern Cult under the guise of exercising their right to worship or freedom of religion cannot interfere with the right to office and duties attached thereto which are available to the Members of Southern Cult.”
“Hence, the right to office recognised by the Civil Court decree in the earlier decisions are no less than fundamental rights available to individual worshippers,” the bench said in the order.
It noted the court has already rendered a finding that decree passed in the earlier litigations in no way violate the fundamental rights of Members of Northern Cult and hence, the judgment and decree passed by this court are binding on both the parties.