Plea in Madras HC Against Govt Order Allowing Devotees To Climb Kanakasabhai Mandapam

TR Ramesh, the President of the Temple Worshippers Society and Indic Collective Trust, has filed a plea in the Madras High Court challenging a Government Order issued in May 2022.

The Government Order allows devotees to climb the Kanakasabhai Mandapam in order to have darshan of the deity at Sri Sabhayagar Temple in Chidambaram.
In the plea, Ramesh argues that the worship of the deity and the administration of the temple has been traditionally carried out by a Tamil-speaking Vedic Saivite community known as “Chidambaram Dikshitars” for nearly two thousand years. He contends that the Principal Secretary of the Tourism, Culture, and Religious Endowment Department of the State of Tamil Nadu issued the Government Order without consulting the Secretary to Podhu Dikshitars, and without mentioning the authorities’ powers to pass such orders.
The plea reads, “I respectfully submit that the 1st Respondent has failed to mention as to the powers, if any, available to him to pass any orders concerning a denominational institution, especially when Sections 105(a) and 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 preclude every authority from passing any orders in violation of the established usage of an institution and in violation of the rights of a religious denomination guaranteed under Article 26 of the Indian Constitution.”
The plea seeks the court’s intervention to challenge the validity of the Government Order.
Ramesh further argued that the challenged Government Order directly interferes with the rituals conducted in the Kanaka Sabhai, which is a raised platform located below the sanctum sanctorium of the temple. He pointed out that previously, devotees who wished to perform special archana were allowed access to the Kanaka Sabhai during specific limited times, but this practice was discontinued due to the COVID-19 pandemic.
According to Ramesh, certain non-believers and motivated groups, encouraged by political organizations, started creating issues related to the Kanaka Sabhai. As a result, the Secretary of Podhu Dikshitarts made the decision to prohibit individuals from having darshan from the Kanaka Sabhai, which eventually led to the issuance of the challenged Government Order.
The plea also argues that accommodating devotees in the Kanaka Sabhai is impractical, as the space is limited and can only accommodate 7 to 10 people. Granting preferential treatment to a select few may disrupt the peaceful and serene atmosphere of the temple, potentially leading to public criticism and allegations.
Furthermore, the plea contends that the Government Order lacks authority, as the Principal Secretary is not mentioned in the Tamil Nadu Hindu Religious and Charitable Endowment Act. It also asserts that the Government Order violates Articles 25 and 26 of the Constitution, which guarantee the right to freedom of religion and the rights of religious denominations.
Therefore, the plea seeks the declaration of the challenged Government Order as ultra vires, illegal, arbitrary, and without jurisdiction. It also requests a stay on the implementation of the order until the matter is resolved.