SC declines to intervene in spat between Thiruchendur temple Vidhayahar and State government over Kumbhabhishekam time
Disposing of the petition, a Bench of Justices Manoj Misra and N. Kotiswar Singh said the court did not have the expertise to decide the 'auspicious time' for the Kumbhabhishekam.
The Vidhayahar, R. Sivarama Subramaniya Sasthirigal, represented by senior advocate K. Parameshwar and advocate Karthik Ashok, said he was the 'sole, exclusive, traditional and customary authority' on the rites of the temple. The State government had defied his decision to conduct the ceremony at 12.05 p.m.
'We cannot decide what is the auspicious time. We could say in future if they should consult with you, form a committee, etc… You claim your decision is binding as far as temple rites are concerned… But the binding nature of your opinion will be decided in the civil court and not in writ jurisdiction here,' Justice Misra told the counsel. Mr. Parameshwar said that, like the court, the State government too did not have a role in fixing the time for the Kumbhabhishekam.
'He is the sole and exclusive traditional and customary authority empowered to advise and fix muhurtham and timings for all religious and spiritual functions of the temple in accordance with Agamic and Vedic principles. According to the Vidhayahar, the only spiritually and astrologically appropriate timing is the Abhijit Muhurtham (12.05 p.m. to 12.45 p.m.), based on ancient texts such as Kala Prahasiha, Kala Vidhanam, and Sarva Mukurtha Chinthamani,' the petition had argued.
It submitted that the decision of the Vidyahar was not considered and the Madras High Court had gone with the timing fixed by the Expert Committee for the Kumbhabhishekam. 'The very formation of the Expert Committee is fundamentally flawed and renders the process void of neutrality. Admittedly, three out of five members of the Committee had, even prior to the proceedings, already expressed opinions suggesting a different time than the one recommended by the petitioner. This renders the composition of the Committee biased, prejudicial, and a futile exercise,' the petition had submitted.
It had contended that the government's actions were 'nothing but an unwarranted intrusion into the protected religious rights and practice and have directly undermined the Vidhayahar's traditional and legal authority'.
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