FW: Very Important on Chidambaram Temple - Please support.

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Shanmugam Thirumazhisai Sambamurthy <adisaiva

Wed, Mar 4, 2009 at 10:08 AM

FW: Very Important on Chidambaram Temple - Please support.

hmirthu, Jayasree Chellappa

<jayashree.chellappa, Kalyanam Gurukkal

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Chinnaswamy <krithikha_chinnaswamy, KULASINGHAM SIVAPALAN

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Reddy <gmadhavir, Madhini Elango <adash93, madini

elangovan <elangovan, mangala akka

<mangalam_sambamurthy, Mangala Bhairavan

<mangalam_sambamurthy, mangalam anagha

<mangalamsambamurthy, Mangalam Bhairavanji

<mangalam_sabamurthy, mangalam sambamurthy

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MINIEN daniel <minien.damiel, Minien Daniel

<minien.daniel, Nandhini Pudia <nandyne, nandini

maraikadan <nanduma, Nandini Muthukumaran <nandini94,

prof narasimhan <nrsimhan, adisaiva, raja ram

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Pathmanathan <pathmanathan, ravi nair petaling <ravinmy,

Ravi Nair <rav, rs venkatachalam <venk, RV

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Sashi Akka Air India <jyotsnasashi, sasi akka

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narayana <rsatreya, Shoba Manni <shoba_sriram,

sivacharya sathsang <sivacharya >, Siva Subramaniam

<babydocsiva

 

 

 

 

 

 

 

 

 

 

Respected Sathsang,

Please record your support towards this noble cause.

Jai Hind!

Arunachala's slave

Dr.T.S.Shanmukha Sivacharyar

 

 

 

venkatswam

deepa.duraiswamy; adisaiva; swamina;

kumarsubra; gurunatarajan; raghavmahesh;

gsvcas; gsv

FW: Very Important on Chidambaram Temple - Please support.

Tue, 3 Mar 2009 13:04:54 +0530

 

 

 

 

 

Mon, 2 Mar 2009 19:08:33 +0530

Very Important on Chidambaram Temple - Please support.

haran.br

 

 

Dear All

 

Namaskar.

 

 

 

I request you all to kindly recall my online petition

(http://www.PetitionOnline.com/Rudhram/petition.html), which I hosted last year

when the Diskhidars (around a dozen of them) of the Chidambaram Natarajar Temple

were arrested on foisted charges by the TN Police with regards to the issue

concerning the singing of Tamil Hymns inside the temple. As the government and

the Diskhidars preferred for an amicable settlement at that time, I had to drop

the idea of filing the petition at the Supreme Court then.

 

 

 

Now, as you are all aware, the issue has reached alarming proportions with the

Dravidian atheist government taking over the control of the temple based on the

judgment given by Justice Banumathi endorsing the appointment of an Executive

Officer by the HR & CE Department of the Tamilnadu government.

 

 

 

Meanwhile the Dikshidars have filed a Writ Appeal, which had been admitted by a

Divisional Bench and Dr,Subramanyam Swami has also impleaded himself in the case

in support of the Dikshidars. The case had to be adjourned on 17 February 2009

due to the abominable attack on Dr.Swamy and a few of us inside the court hall

and again on 19 February due to the unfavourable environment prevailing in the

High Court then.

 

 

 

The High Court is not functioning now due to the continuous boycott by lawyers.

Moreover, we cannot be sure of getting a favourable verdict at the Madras High

Court, as we have a government, which is hostile to Sanatana Dharma. Hence, I

have hosted a new petition addressed to the Chief Justice of India as under. I

have also given the URL of the petition below.

 

 

 

I hereby request you all to kindly sign the petition and spread the message to

all your contacts, so that, the mission is accomplished successfully by the

grace of Bhagwan Sri Nataraja.

 

 

 

Thanking You All,

 

 

 

With Warm Regards,

 

 

 

B R Haran.

 

 

 

PETITION URL: -

 

http://www.PetitionOnline.com/jdpct123/petition.html

 

 

PETITION: -

 

 

 

2 March 2009.

B R Haran

--------------------

--------------------

---------------------

----------------------

Chennai

 

To:

Honourable Chief Justice of india,

Supreme Court of India,

New Delhi.

 

supremecourt

 

Respected Lordship

 

Sub: “Justice for Dikshidars and protection for Chidambaram Natarajar Temple” –

Prayer for nullifying the Madras High Court Order.

 

Ref: The order dated 2nd February 2009 issued by Honourable Justice Mrs. R.

Banumathi concerning the “W.P.No. 18248 of 2006” and “M.P.Nos.2/2006 and 1/2008”

 

The Madras High Court had endorsed the

appointment of an Executive Officer by the HR & CE Department of Tamilnadu

government to take control of the Chidambaram Natarajar Temple.

 

The Podhu Dhikshidhars Sangam (PDS) challenged the government order of 31 July

1987, which was later passed as an ordinance in the state assembly in 2006, at

the Madras High Court. As the Dikishidhars have the traditional rights over the

administration, customs and rituals of the famous temple for centuries, they

rightly claimed the ‘denomination’ status and averred that the appointment of

executive officer amounts to interference in their religious affairs and that it

also goes against Article 26 of the Constitution, as per which they rightfully

enjoy a special (Denomination) status with complete autonomy in administering

the temple, its properties and conduction of rituals.

 

But then, the Honourable Justice Mrs. R Banumathi had observed that the PDS

could claim protection only under Article 25 of the Constitution. She had opined

that the right to manage the temple is not part of the religious practice and as

such comes under the control of HR & CE. She had also said that it has been

consistently held by the Supreme Court that the secular activities are subject

to statutory control. The Honourable Judge, under the consideration of the

above, had further said that the PDS is not entitled to protection under clause

(b) and (d) of Article 26 of the Constitution and upheld the appointment of the

EO by the HR & CE Department of the State Government.

 

Respected Lordship

I humbly and strongly feel that the Honourable Madras High Court

has not taken into consideration the confirmation of the ‘Denomination Status’

to Chidambaram Natarajar Temple, originally pronounced by the British

authorities in 1891 ((India Case Report 14, Madras, Page-103) in the ‘Natesa

Dikshithar vs Ganapathy case, and also by the Supreme Court of India way back in

1958, as an off-shoot judgment in the case of ‘Mr.Venkateswara Thambulu vs State

of Mysore’ (AIR 1958 SC 255 – SC reporter 1958 page 895).

 

In the famous ‘Shirur Mutt Case’ (Commissioner, HR & CE Madras Vs. Sri

Lakshimindra Thirtha Swamiar of Shri Shirur Mutt – SPA 1954), the Supreme Court

had observed categorically that, ‘Under Article 26 (b), a religious denomination

or organisation enjoys complete autonomy in the matter of deciding as to what

rites and ceremonies are essential according to the religion they hold and no

outside authority has any jurisdiction to interfere with their decision in such

matters’. As the Chidambaram Temple and the Dikshidar community enjoy

denomination status, right from the opening of the temple early in the morning

to the closing of the temple in the night, all activities carried out by the

Dikshidars are religious and they do not run counter to ‘public order, health

and morality’ and they are not ‘economic, commercial and political in their

character’.

 

Recently with reference to the administration of Sri Karaneeswarar Temple,

Saidapet, Chennai, when the HR & CE Department of the Tamilnadu government

appointed an Executive Officer (EO) to administer the temple, the Honourable

High Court, admitting the petitions filed by the ‘Senguntha Mudhaliar’ community

(WP No: 15468 of 2003 and WP No: 15469 of 2003), had ruled that the appointment

of EO is unnecessary and observed that the EO could operate only as an

‘implementing functionary’ of the dictates of the Senguntha Mudhaliar Community.

It is pertinent to note that the judgment has been in favour of the Senguntha

Mudhaliar Community despite it not enjoying a ‘denomination’ status.

 

As recently as 2008, the Andhra Pradesh government has recognised the worship

and administration of the Chilkur Balaji Temple, Hyderabad as unique and

confirmed it through a special government order (GO M/s No 260 dated 29/2/08)

allowing it to continue as it is, thereby assuring that the government would not

interfere in the administration of the temple in future too.

 

Respected Lordship

 

The Podhu Dhikshidars Sangam (PDS) had filed a

Writ Appeal, which has been admitted by the Divisional Bench of the Madras High

Court and Janatha Party President and Former Union Law Minister Dr.Subramanyam

Swamy has also impleaded himself in support of the Dikshidars. The case had to

be adjourned twice due to the untoward incidents happened in the Madras High

Court on 17, 19 and 25 February 2009. Now since the functioning of the High

Court has been stalled by the agitating lawyers, the case remains pending.

 

Respected Lordship

I hope that the Honourable Divisional Bench,

in its next sitting, would consider all the relevant facts and previous

judgments and finally quash the appointment of the Executive Officer by the Hr &

CE Department of Tamilnadu Government and confirm the ‘Denomination’ status of

the Chidambaram Temple and the Dikshidars Community. In the event of an

unfavourable judgment by the Divisional Bench, I am of the opinion that the PDS

might approach the Honourable Supreme Court and during that time, I would humbly

request you to kindly admit this online petition too for your kind

consideration, as this petitioned has been accepted and endorsed by thousands of

concerned citizens of India and the Indians settled abroad.

 

Respected Lordship

I strongly feel that as per the Freedom of

Religion enshrined in the Constitution, the constitution of HR & CE Department

itself is a violation of the Constitution. Hence, I hereby request you to kindly

quash the appointment of the EO and direct the Tamilnadu government to stop

meddling with the administration of the Chidambaram Natarajar Temple and also to

issue an Order confirming the Denomination Status of the Temple and the

Dikshidars Community.

 

Thanking You Sir,

 

Yours Truly,

 

 

B.R.Haran (A Devout Shiva Baktha),

Chennai

 

 

 

 

 

 

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