S R RAMESH Vs. STATE OF TAMILNADU REP

JUDGEMENT

(1.) The petitioner is one among the worshippers of Arulmighu Devarajaswamy Tirukoil, Kancheepuram. He is a resident of Kancheepuram for the past 40 years. He is an ardent devotee of Lord Devarajaswamy. The grievance of the petitioner is that his claim for performing "Oonjal Sevai" on the 6th day of " Brahmotsavam" has been negatived by the first respondent by the impugned order dated 23.5.2000. By that order his right to offer Sevai is deprived.

(2.) For the disposal of the Writ Petition, the following facts are necessary: The temple in question is governed by a Scheme Decree passed by this Court in Appeal No. 175 of 1934 dated 17.1.1941. As per Clause (3) of the Scheme Decree, the Devasthanam shall be administered by a paid Executive trustee, who shall be appointed by the Board and by two honorary trustees, who shall be elected in the manner laid down in the Scheme. For the last 15 years, election to Honorary Trustees was not held and as on today, the Devasthanam is administered by the sole Executive Trustee of the temple.

(3.) During the year 1998, the petitioner applied to the Executive Trustee of the temple for permission to perform "Oonjal Sevai" on the 6th day of "Brahmotsavam" and such permission was granted to the petitioner. Subsequent to the same, it appears, that objections were received by the Executive Trustee as to the grant of such permission to the petitioner on the ground that petitioner may claim in future to perform "Oonjal Sevai" either as customary or hereditary right. Keeping the above objections in mind, when the petitioner again applied for similar direction during the year 1999, a meeting was conducted by the Joint Commissioner, H.R.& C.E. on 31.5.1999. In the said meeting it was resolved that since the petitioner had already made arrangements for the conduct of "Oonjal Sevai", he may be permitted for that year only. It was further unanimously agreed that in future years, the decision of the trustees administering the affairs of Devasthanam shall be accepted by one and all. On the above understanding, the petitioner was permitted to conduct "Oonjal Sevai" for the year 1999.