Monday 13 August 2012

2. கோயில்களில் திருமுறை பாடலாமா? – உயர்நீதிமன்ற இடைக்காலத் தீர்ப்பு


THE HINDU - Monday, Feb 18, 2008

CHENNAI: There will be no restriction on using “Thirumurai” in functions held in temples that do not follow Agamas Sastras, the Madras High Court has said.
It was passing orders on an original application and an application seeking to vacate an interim injunction.

Pending suit for recovery of Rs.10 lakh in damages, and for permanent injunction restraining the respondents, including the Thamizh Vazhipattu Payirchi Mayyam, Adambakkam, and M. Shanmugasundaram, publisher, Deiva Murasu, from using “Thirumurai” as rituals in domestic and temple functions, G. Thirugnanasambandam of Tirunelveli and three others had filed an original application.

The application also sought to restrain the Mayyam from conducting courses and issuing certificates for performing such rituals.

In May last, an interim order of injunction was granted. Subsequently, the defendants filed an application to get the injunction vacated.

By an order in July last, it was clarified that the interim order would not prevent the respondents/defendants from performing any domestic functions using “Thirumurai.”
Thereafter both the applications were taken up for hearing.

Justice V. Ramasubramanian said the scope of the dispute, at least at the interlocutory stage, was confined to temples constructed according to Agama Sastras.

Disposing of the applications with certain interim arrangement, the judge directed that there be no restriction on the respondents using “Thirumurai” in any domestic function to which they were invited.

There would also be no restriction on the respondents’ right to conduct courses in “Thirumurai” and to issue certificates.

But the respondents should make it clear to students that it would be subject to the outcome of the suit. There would also be no restriction on the respondents using “Thirumurai” in functions held in temples that did not follow Agama Sastras. The injunction covered only temples that followed these rules. However, it was open to the respondents/defendants to approach this court for further orders, whenever they were invited by agamic temples to perform such functions.
It was always open to the applicants/plaintiffs to oppose such applications on all grounds available.

The judge said the order he had passed was without prejudice to the rights of both the parties.
It was only an interim arrangement, and the order should not have any bearing on the outcome of the suit.

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