K RAJENDRAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) This unnumbered writ petition has been filed by one Rajendran, seeking the issuance of a writ of mandamus or any other appropriate writ or order in the nature of writ, directing the Government of Tamil Nadu, represented by the Secretary to Government, Commercial Taxes and Hindu Religious Endowments, viz., the first respondent, to declare that respondents 2 to 4 viz., Sri Swaminathan alias Chandrasekharendra Saraswathi, the Sankaracharya of Kamakoti Peetam, Kanchipuram, Sri Venkataraman alias the Junior Sankaracharya of Kamakoti Peetam, and Sri Narayanan alias the Sub-Junior Sankaracharya of Kamakoti Peetam are not the Jagatguru Sankaracharyas, and to pass such further orders as the Court may deem fit.

(2.) The averments made in the affidavit filed in support of the writ petition are briefly as follows : In the 8th Century A. D)., Aadi Sankara of Kaladi established four Sankaracharya Mathas based on the four Vedas in four places viz., the Jyothi Math in the Himalayas (Badri) in the North, the Govardhan Math at Puri in Cuttack in the East, the Sharada (sic. Kalika) Math at Dwaraka in Gujarat in the West and the Shringeri (sic. Sharada) Math at Shringeri in the South. Each of these Maths was given exclusive jurisdiction over the then provinces (now the States surrounding the Maths). The Sankaracharyas of these Maths were enjoined to minister to the spiritual, theological, religious and social needs of the congregations within their respective jurisdictions and also given rights to call for and receive pecuniary and other offerings from the people in their charge. The Shringeri Math Acharya is entitled to and is in enjoyment of the abovesaid status, style and position of Sankaracharya and all rights, title, privileges and dignities appurtenant to the gaddy of Shringeri Math, which has exclusive jurisdiction over the southern States including Tamil Nadu and Andhra. The four preceptors of the second respondent from 1814 and after them the second respondent herein have fraudulently assumed the title of Sankaracharya of Kumbakonam, which was later rechristened as Kanchi Kamakoti Peetam in 1942. This Peetam is not one of the four Maths established by Aadi Sankara. Under this assumed title, respondents 2 to 4 call for and receive pecuniary and other offerings from the people at several places in the southern States which are exclusively within the jurisdiction of the fifth respondent, viz., the Jagatguru Sankaracharya of Shringeri Math at Shringeri in Karnataka State, to the serious detriment of the fifth respondent and to the derogation of the status, style and dignity of the Sankaracharya of the said Shringeri Math.

(3.) The Sankaracharya of Shringeri Math established branches at Kanchipuram, Madras, Rameshwaram and other important religious centres in Tamil Nadu. There are branches (1) near the Mallikarjuna Temple in Linghi Chetty Street, Madras, (2) adjoining the sanctum sanctorum of Meenakshi Amman Temple at Madurai, and (3) adjoining the compound wall of Ramanathaswami Temple at Rameswaram. The archakas (priests) of Ramanathaswami Temple have to get the approval of the Shringeri Math even today for their appointments and the temple sends umbrellas and other presents to the Shringeri Math branch even to this date. All these facts confirm that the Shringeri Math is the acknowledged Math in the South established in Tamil Nadu. The Branch maths established by Kanchi Acharya are quite removed from the temples aforesaid and these buildings are of very recent origin, whilst the buildings of the branch maths established by Shringeri Math are very old. Further, all the aforesaid four Maths have their Mathamanayas in Sanskrit, whilst the Kanchi Math has no such Amnay. The fact that Aadi Sankara established four Maths is spoken to by the High Courts of Patna and Bombay and the Supreme Court in their judgments whereby it is established that the Kanchi Kamakoti Math is not a recognized Math.