State told to verify group claiming rights to do poojas for Pamban Swamigal

CHENNAI: The Madras High Court has directed the State to find out whether the groups claiming to carry out the legacy of Pamban Swamigal to perform poojas in Sri Pamban Kumara Gurudasar Temple are genuine.

A division bench of Justices R Suresh Kumar and G Arul Murugan wrote that only after invoking Section 3 of the HR&CE Act, it can be decided to who has the right or privilege of participating or performing the poojas of Mayura Vaha Seva, and modified the single judge order.

“The exercise shall be first undertaken by the HR&CE department to find out the right person or a group of persons or the correct society to whom the performing poojas in Pamban Swami temple can be entrusted,” read the judgment. “Till such time, the poojas and festivals can be performed by the HR&CE where all these claimants can be permitted to participate.”

In 1926, Pamban Swamigal had executed a will on how the immovable properties he had acquired, including the cash in the fixed deposits, are to be maintained and how the poojas for Lord Murugan should be performed.

Later, he had written a codicil to the will to constitute a sabha consisting of 17 persons headed by TT Kuppusami Chettiar to administer the temple. When he died in 1929, he was placed in a samadhi at Tiruvanmiyur, which was built in nearly 3 acres.

Later, in 1984, president of the sabha Chettiar wrote to the HR&CE accusing the sabha members of foul play and attempting to swindle the property, and that the festival or pooja had not been conducted properly. Hence, the president sought HR&CE to take over the management of the temple.

Thereafter, the HR & CE found that the temple’s revenue had crossed Rs1 lakh, and brought it under the Scheduled Temple under Section 46 (iii) of the Act and appointed a fit person. Later, several litigations were filed to take over the management of the temple by various parties claiming to be the sabha.

In 2010, the Supreme Court directed all the parties to maintain the status quo as it existed on the property in dispute.

In 2018, M Jayaraman, secretary, Maha Thejo Mandala Sabha, moved the HC seeking the possession and management of the affairs of Sri Pamban Kumara Gurudasar Swamigal samadhi, with properties movable and immovable, land and buildings. The single judge allowed the petition.

Aggrieved by this, the HR&CE filed an appeal in the High Court. In the meantime, another petitioner, Sreemath Pamban Swamigal Maha Thejo Mandalam, sought to direct the State to administer and manage the institution of Pamban Swamigal.