SUBRAMANIA AIYAR Vs. PUJARI LAKSHMANA GOUNDAN

JUDGEMENT

(1.) The material facts are set out in the judgment of my learned brothers. I agree entirely with their conclusions Some of the observations in the judgment of Seshagiri Aiyar, J., such as "in the north, we find innumerable instances where endowments are made in the name of a reputed saint who worships the idol." "The personal sanctity of the founder seems to have had more influence in the north than in the south." "Most of the temples in the south do not owe their existence to Aryan influence but were built and endowed by the non Aryans, while the endowments in the north are mostly by Aryans", are observations based upon my learned brother s knowledge of and personal research into subjects to the study of which I have not been able to bestow as much time and industry as he. So far as I have been able to study some of the subjects referred to, my provisional conclusion is that Brabmana Hindus are not so pre dominantly Aryans in blood and non Brahmana Hindus are not so predominantly non-Aryans in blood as usually assumed, and I am not satisfied that Dravidian" is opposed to "Aryan" and does not really represent the mingling of an earlier Aryan wave of immigration with sub races of the fourth or third root-race. A non-Brahmana or Dravidian does not at all, therefore, mean to my mind a pure non-Aryan and so far as southern India at least is concerned, a Dravidian does not connote a non-Aryan. These are, however, large controversial questions and 1 feel diffident to express decided opinions on them. Further, this is an important case and I thick it desirable that notwithstanding my entire agreement in Substance with the judgments of my learned brothers, 1 should say some thing in my own words though very little and nothing is added thereby to the reasons found in their judgment.

(2.) I attach much importance to the fact that a fixed stone idol was installed by Lakshmana Goundan. A fixed store idol (especially if it is of a comparatively large size) is never within my experience setup for mere family worship. Stones used in family worship are usually small moveable Bana Lingams or moveable Saligramams. So also where even moveable metal idols are in question, if they are of comparatively large size and are taken out in processions at regular and well known festivals, that fact is almost conclusive in my opinion (so far, at least, as southern India is concerned) that they and intended for public worship. Where the shrine in which the idols are installed takes the form of a temple larger than the size of an ordinary middle-class house and especially if the temple has Prakarams and Mantapams, it is almost incredible to me that (except in some few instances in Malabar) such a temple should be a private temple. Even in Malabar, I would hold that the presumption is that such a temple is a public temple till the contrary is proved. Idol worship itself was established in the beginning for communal purposes according to the Shastras. Bhuddistio influences had much to do with the development of idol worship in India--Bhuddistio temples arose in connection with Stupas over the relies of the Lord Buddha intended to be publicly worshipped. According to the Bhagavata Purana, worship of God in the Krita Yuga consisted in each one seeing the Lord in all living beings and worship consisted in mental reverence towards and friendly help to all the creations of the Lord. Seeing that in the Thretha Yuga, men began to get conceited and selfish and were not willing to see God in their neighbour whom they considered lower than themselves in mental equipment, idol worship was introduced as a very inferior mode of worship to that which prevailed in the Krita Yuga. (See the 14th Chapter, of the 7th Skanda of the Bhagavatam, especially Slokas 40 and 41). That worship of idols is intended for the masses is also clear from Slokas 22 to 27 of the 29th Chapter, 3rd Skanda, where idol worship is spoken of in depreciatory language by Kapila Muni, an Avatara of God, if it is accompanied by contempt towards any of God s creatures, though its usefulness for communal worship by ordinary people who cannot rise to higher forms of worship is acknowledged. (See the 11th Skanda, 2nd Chapter, Slokas 45 to 55, especially Sloka 47 as regards the comparative excellence of different modes of worship of the Lord, idolatry being the lowest form, though even those who have risen to higher : forms may follow it in order not to perturb the ignorant and those unfit for higher modes). As regards immoveable idols, there is no daily invocation (Avahanain) at the beginning of the Pooja or taking up of the deity into oneself (Visarjanam or Athmaaaropanam) at the end of the worship and the intention, therefore, in establishing an idol so firmly rooted in the ground is that it should be open for public worship at all convenient times. (See 11th Skandam, 27th Chapter, 12th and 13th Slokas.) Whenever n public mandiram or temple is created, a trustee for regulating public worship therein is always essential and if periodical festivals, Chatrams for pilgrims, processions in oar streets, etc., accompany the worship, it is impossible in my opinion to treat such a temple as a private temple. (See Slokas 48 to 53 of 27th Chapter, 11th Skanda). That the sites for car streets for the particular temple in dispute were purchased and secured between 1844 and 1848 during the lifetime of Lakshmana Goundan himself appears from Exhibits 19 series. (In the chronological index, these documents are described as executed in favour of the 1st defendant instead of, of the 1st defendant s grandfather owing to their names being the same).

(3.) Much was made on the respondents side of the fact that the images of the founder and his wife are found in the outer Court of the temple. That they are found in a worshipping posture (and not in the posture of giving or blessing) is conclusive, in my opinion, to show that it was not intended that they were to be considered as deities to be worshipped in the temple, bat only devotee-founders whose images are merely honoured, and such images of founders are found in numerous public temples. A private temple is founded only by a rich worldly man who wishes his family to be blessed by the special family idol or idols established therein, so that the family may continue to be rich and powerful and always be continued in male lineal succession. Of course, I do not say that even worldly people could not establish or have not established public temples : bat if a man establishes a private temple (apart from mere worship in family Poojah rooms), it is a clear indication that the founder is a person whose special affection for his family has not expanded into universal brotherhood. The character of Lakshmana Goundan, the founder of this temple, was, however, so holy that contrary to the custom of his caste his body was buried as if he was a saintly Sanyasi. (Among almost all castes of Hindus, it is only when the astral or passional body has been so purified during the lifetime that it has lost all impurities that burial is allowed instead of cremation : in other words, it is saintly Sinyasis who have or are assumed to have so purified themselves that are buried.) A saintly Sanyasi does not do any act with a selfish motive or with a view to promote the special welfare of his blood relations. Having regard to these well-known Hindu ideas, I find it very difficult to hold that Lakshmana Goundan intended that the Palani god, whom he brought down to his village and successfully invoked in the immoveable stone- image which he established, should be a source of special pecuniary or even spiritual benefit to the members of his family alone or predominantly, and I have no reasonable doubt that he intended it for public worship.