AKILA Vs. GOVT OF TAMILNADU

JUDGEMENT

(1.) THESE writ petitions raise a point with regard to 'Swayambu lingam' (Manifestation of Lord Shiva swaroopam) whether the Swaymabu lingam can be replaced in a different place rather than from the present place. It is stated that man is a creation of God and it is also being said that God is made by man. The faith of God, the scientist say is embedded in the genes of the men.

(2.) AS the matter relates to faith in religion and also with regard to 'Swayambu Linga' (Manisfestation of Lord Shiva by himself), without giving any personal opinion, the Court is constrained to consider the issue as it was called upon to do so legally.

(3.) IT is also averred by the petitioner in the reply to the counter affidavit filed by the respondents 1 to 3 that the inscription of 1932 in a stone embedded in the temple says that Venkatasamy Naidu of Kottur village has donated some contributions to the Istalingeswarar. She also quoted a poem from 'Thirumandiram' which was composed by saint Thirumoolar who lived nearly 1800-1900 years ago. The second Thandhiram in poem 515: under the caption "Thiru Koizhil Zhivu" speaks about consequences of damaging the holy temple and damages of transplanting lingam. Based on that, the petitioner contended that it is a "Swaymbu lingam" (Manifestation of Lord Shiva swaroopam by himself) and not man made and that it cannot be removed, relocated and if it is done it would amount to infringement of fundamental right guaranteed under Article 25 and 26 of the Constitution of India. The petitioner apprehended that the lingam would be replaced on account of the respondent/Government's effort to construct a new building of the New Legislative Assembly Complex.