Professional Documents
Culture Documents
HISTORY
Temple situated in cuddalore district of Tamilnadu. It is one of the ancient temple in
India and the only ancient temple existing in Tamilnadu.
Exact period of construction of the temple is not known but it belongs to Sangam
period. The temple in present form construction belongs to 11th, 12th & 13th centuries
with the contribution of Pallava, chola, pandhya, vijayanagara and chera royals.
Main god is lord Shiva.
It was built where shaivite found the centre of the universe.
Geographically its the largest temple in India with total surface area of 35 acres.
The forest that surrounds the temple, called tillai (botanically Exocoeria agallocha), is
the second largest mangrove forest in the world.
ISSUE
Issue over the administration of the temple between state government of Tamilnadu
and podhu dikshithars [temple priests].
LAWS THAT FAVOURS STATE GOVERNMENT
Section 45 of Hindu religious and charitable endowment act
o Empowers government to appoint executive officer to take charge of the
temple and its properties.
1965 amendment of the Hindu religious and charitable act
o Empowers government to take over temple administrations on grounds of
mismanagement even if there is no evidence.
LAWS THAT FAVOURS PODHU DIKSHITHARS
Article 26 of Indian constitution
o Freedom to manage religious affairs
o To establish and manage institutions for religious and charitable purposes
(26a), to administer such property in accordance with law (26d)
Section 107 of Hindu religious and charitable act
o Bars any act on institutions that was protected under article 26 of Indian
constitution.
2006 government office notification 168 issued to take over temple administration.
Podhu dikshithars challenged it by writ petition and it was dismissed by single judge.
2009 podhu dikshitars challenged in DB of MHC as writ appellate. Again WA was
dismissed by Divisional Bench of MHC
2009 appointment of executive officer upheld, overturned 1952 judgement.
2009 podhu dikshithars appealed in supreme court
2010 interim order by supreme court over the control of temple by HR & CE
department
2014 supreme court declares temple administration vests with podhu dikshithars and
protected under article 26 of Indian constitution.
CONCLUSION
This case was ended as res judicata i.e., matter is already settled in court and cannot
be raised again.
The landmark judgement of this case sparked the release of all the temples under
respective state governments control.
The main point is, none of the state government was interested in monitoring other
religion temples except Hindu temples, raising a one sided question that government
is looking steal the wealth of the Hindu temples.
If all the religious worship place follows the same method of worshipping and open to
all the citizens of the nation, the word secular in the preamble of Indian constitution
was somewhat justified.
MY DETAILS
YUVARAJ KANDASAMY
REFERENCES
The Hindu newspaper
http://www.unesco.org/most/rr3indi.htm
http://bharatkalyan97.blogspot.in/2013/11/nataraja-temple-case-inchidambaram.html?m=1