SUNDARA DESIKACHARIAR Vs. ASSISTANT COMMISSIONER/FIT PERSON, HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT

JUDGEMENT

(1.) The prayer in this writ petition reads as follows:

(2.) The question that is being raised in this writ petition is whether the second respondent incurred disqualification because of his overseas travel. This writ petition has got chequered history. The temple namely, Arulmigu Sarangapani Thirukoil, Kumbakonam is governed by a scheme decree and the same has been modified in I.A.No.53 of 1955 in O.S.No.27 of 1920 on 30.06.1956 by the Sub Court, Kumbakonam. The second respondent, who was performing service of Archaga/Battachariar in the said temple, undertook overseas in the year 1991 and there was an objection to the same claiming that priest of a Vaishnava shrine incurs disqualification if he undertakes overseas travel. There were several rounds of litigation with no final conclusion in right. The position of law on this question has been espoused by the Hon'ble Supreme Curt in the recent judgement in WRIT PETITION (CIVIL) No. 354 of 2006 (in ADI SAIVA SIVACHARIYARGAL Vs. THE GOVERNMENT OF TAMILNADU & ANR).

(3.) The order challenged in this writ petition is passed by the Assistant Commissioner H.R.&C.E Department, who is also the fit person of the said temple. Pursuant to the direction of this court in W.P.No.890 of 2005 an enquiry was undertaken by the Assistant Commissioner. The Assistant Commissioner, after ascertaining the views of various religious scholars, has finally concluded that since the second respondent has performed atonement [1] meant for persons who travel overseas would be entitled to perform poojas. The petitioner would contend that procedure adopted by the Assistant Commissioner in obtaining opinion from various people and arriving at a final conclusion based on their opinion is not correct.