VAIDINATHA THAMBIRAN Vs. CHANDRASEKARA DIKSHITAR

JUDGEMENT

(1.) The plaintiffs sue (on behalf of themselves and other Kattalaikars of the temple, under Section 30, C.P.C. for a declaration of the plaintiff's right to celebrate the 7 day's festival in the months of Ani (June) and Margali (January) of Chidambaram Sri Natarajaswami temple which they and other Kattalaikars have been celebrating long time since--without disturbance by the defendants and other Deekshitars.

(2.) The defendants (the Deekshitars) are the trustees of the temple and they alone can actually perform these festivals; but to do so, they have to depend upon such funds as they obtain either by voluntary subscription or in consequence of pressure brought to bear upon worshippers for that purpose. Prior to 1901, this particular festival appears to have been celebrated with funds obtained either voluntarily or in consequence of pressure, from Kattalaikars. Kattalaikars are worshippers who subscribe to the temple festivals, either this festival or others, and the plaintiff's claim is that as they, the Kattalaikars, have for many years provided the funds necessary for the performance of this festival, they have the right alone to provide the necessary funds if they wish to do so, and the defendants have no right to get the funds from any one else for this festival. In 1901 the defendants, the Deekshitars, without consulting the Kattalaikars or giving them any opportunity of subscribing to this festival, arranged with a Chetty who was not a Kattalaikar, to celebrate the festival out of funds provided by him alone and did so. As peculiar religious merit is attached to persons who subscribe to this festival, the plaintiffs claim this declaration of their exclusive right to provide the funds for the performance of this festival. They also claimed damages for loss of reputation, &c.; but this latter claim they have abandoned.

(3.) The defendants contend that as trustees they are entitled to make whatever arrangements they think best for the performance of various festivals, but that they are not obliged to apply them to any particular festival, that for the performance of this particular festival there is no special endowments or any funds which they can count upon, that hitherto they have had to depend upon; what subscriptions they could get on each occasion for its performance, and that they have now arranged with the Chetty in question (as they were entitled to do and for the good of the temple) that he should in future subscribe the funds necessary, but they offered to apply any subscriptions the plaintiffs might wish to make in performing an additional festival at the temple on another day. Both Courts have dismissed the plaintiff's suit.