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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