The Madurai Bench of the Madras High Court has granted a stay on an order issued by the Commissioner of the Hindu Religious and Charitable Endowments Department with regard to the administration of Subramaniya Swamy temple in Tiruchendur in Thoothukudi district and the Thirusuthanthirargal or freelance archakas.
A Division Bench of Justices Paresh Upadhyay and R. Vijayakumar granted a stay on the order of the HR and CE Commissioner. A public interest litigation petition was filed by the Thiruchendur Shri Jeyanthi Nathar Thirusuthanthirar Kaariyasthar Sthaanigar Sabha. The petition was filed through the Secretary of the Sabha A. Narayanan.
An order was issued by the Commissioner of the HR and CE Department on April 1, 2022 regarding the administration of the temple. The petitioner complained that the order issued interfered with the religious practices adopted in Subramaniya Swamy temple. Under the guise of administration, the HR and CE Department was interfering in religious affairs.
The HR and CE Department and its officials are only an extension of the instrumentalities of the State and they have no role to play in the religious affairs of any temple. The authorities should have consulted the agama experts and the devotees before taking any decision, the petitioner said.
Further, the petitioner said the Thirusuthanthirargal or freelance archakas have established interests and rights through generations and the authorities have no jurisdiction to curtail or restrain the Thirusuthanthirargal from entering the temple and offering service at the temple. The order was illegal and liable to be set aside, the petitioner said.
He complained the order was passed with a predetermined mindset that the Thirusuthanthirargal were wrongdoers in the temple premises. The petitioner sought a direction to stay the order issued by the Commissioner of the HR and CE Department and quash the order. The hearing in the case was adjourned till April 18.
