VANAMAMALAI BHASHYAKAR; KRISHNASWAMI THATHACHARIAR Vs. KRISHNASWAMI THATHACHARIAR; NARASIMHA THATHACHARIAR

JUDGEMENT

(1.) Before disposing of these second appeals, we will ask the District Judge to return a finding on the merits of the 7 issue, (which was as to whether the idol of Manavalamamuni was entitled to any procession) which the Munsif found in favour of the plaintiffs. Fresh evidence may be taken.

(2.) The finding should be submitted within 5 (five) weeks from this date. Ten days will be allowed for filing objections.

(3.) In compliance with the above order, the District Judge submitted a finding which ran as follows: "My finding accordingly is that according to the long usage and custom of the temple, Manavala Mahamuni a Parathantra Bakta is entitled to a visit from Devaraja Swarni on the evening of his Sathumorai day and to a procession through the prakarams with Devaraja to the latter's shrine as far as the foot of the hill and back to his shrine after Devaraja is taken to his abode in case there should be Ubayakars forthcoming, that is entitled, if there are no Ubayakars, to be taken in procession alone on the morning of that day to Devaraja's shrine and back to his own after receiving due honors, that he is entitled to be taken in procession to Devaraja's shrine on the 1 day of the Pagalpathu, and to remain there for 10 days, that is entitled to be taken to his own shrine in the morning and back to Devaraja's in the evening, should his Thirunakshatram fall on any day during this period, that he is entitled to be taken in. procession to the Kottai Mantapam and back to his shrine after receiving honours on all the 10 nights of the Rapathu festival and that he is not entitled to any other street or prakaram procession independently of Devaraja Swami. It is unnecessary to state that this finding does not touch his rights to processions within his own shrine or to the pandal in front of his shrine during the first 9 days and 11 day of his Tirunakshatram festival when he is said to be taken to and fro also within the pandal as these are matters outside the scope of the enquiry I have been called upon to make. I make express mention of these facts because there is some evidence let in as t) what is being done during the first 9 days and the 11 day of the festival and Manavala Mahamuni's shrine being inside Devaraja's temple, it might perhaps be contended that my finding embraced the question of procession in his own shrine also. I would respectfully suggest with a view to prevent future disputes that clear and strict rules be embodied in the decree as to how the trustees should act in the matter of the management of festivals, etc., of the Manavala Mahamuni's shrine, since their right to control and manage it has been upheld instead of leaving the matter to their unfettered discretion and thereby giving opportunities for the Archakas and Paricharakas to complain rightly or wrongly every now and then." The District Judge had also found that the idol was not carried in procession after 1852 except for the short period between 1892 and 1897.