S RAMAYYA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, 114 in number, complain that the Executive Officer, Tirumala Tirupathi Devasthanams, by a stroke of pen, under the guise of unguided statutory provision, put an end to their age-old business of bartering (tonsuring and haircutting) in Tirumala Hills area abridging thereby the fundamental right resulting in violation of Article 19 (1) (g) of the Constitution of India.

(2.) The case is concerned with the rights of barbers in respect of their calling, viz., tonsuring and hair-cutting, vis-a-vis the Tirumala Tirupathi Devasthanams. But we must say something about tonsuring as disclosed by the papers placed before us.

(3.) Tonsuring denotes the well established concept of devotive offerings by pilgrims of their hair. In this case, it pertains to the 10-1/3 square miles of the Tirumala Hills, area wherein the main shrine of Lord Venkateswara is located and where pilgrims offer their hair to be shaven by barbers, to the deity. The Tirumala Hills area was alienated by the East India Company in favour of the Temple, and in fact, it was in exclusive possession of the shrine ever since 1874. The title of the Tirumala Tirupathi Devasthanams (for short TTD) for the entire area of 10-1/3 square miles was recognised by the State Government by G. O. Ms. No. 1784, Revenue Department, dated 4-11-1965 and G. O. Ms. Nos. 1605 and 1606 dated 2-12-1975. Centres of Kalyanakatta were established, where the hair offered by the pilgrims to the Lord is shaved and no hair-dressing or hair-cut-ling is carried on at the Kalyanakatta maintained by the TTD. Right to tonsure was the exclusive right of the TTD. In fact, the tonsure was performed through the agency of Mirasis. In the year 1975, when a dispute arose between the mirasidars and the other barbers, a suit was filed; and eventually, it was decided that the Mirasi office-holders of the Tirumala Kalyanakatta are solely and exclusively entitled to render tonsure to the pilgrim votaries, and the barbers have no manner of right to render tonsure to any pilgrim votary and they shall not induce any pilgrim votary to have tonsure. Therefore, the barbers were restrained by a permanent injunction from rendering the service of tonsure to any pilgrim votary offering his hair in discharge of a vow, either by themselves or through their agents. This was, in fact, confirmed by the High Court in 1963. See the judgment dated 23-7-1963 in S. A. No. 156 of 1960. For over a century, beginning from a decision reported in (1887) ILR 12 Bom 247 followed up by the decisions in (1896) ILR 23 Cal 645 and ILR 31 Mad 771 (sic) down to the decision of a Division Bench of the Madras High Court in A. S. No. 105 of 1977 dated 22-1-1979, the principle enunciated that under the law the Temple is the owner of the hair which its pilgrims leave behind after tonsure and that the barber, and for that matter, even the Pujaris and other service-holders attached to the temple, have no title to the hair, is well trenched. Therefore, the hair offered to the deity is the exclusive property of the TTD and the persons other than those authorised by the TTD cannot tonsure the heads of the pilgrims and appropriate the proceeds. The entire Tirumala Hills area surrounding the temple of Lord Venkaieswara is considered sacred and holy. Pilgrims are expected to have their tonsure immediately after their arrival at Tirumala at the place known as Kalyanakatta located at the entrance of the Tirumala Hills. Originally, 44 families of barbers by caste were rendering service of tonsure; and with the increase in the number of pilgrims, more than 500 barbers are now said to be rendering the service of tonsure under the direct control of the TTD and the emoluments for the service are paid by the TTD. It has been also stated across the bar that the income out of the sale proceeds of the said hair runs into several lakhs every year.