திருக்குறுங்குடி திவ்ய தேசம் : அருள்மிகு அழகிய நம்பிராயர் திருக்கோயில் : கோர்ட் தீர்ப்பு (Thirukurungudi - decision of Madras High Court)

திருக்குறுங்குடி திவ்ய தேசம் : அருள்மிகு அழகிய நம்பிராயர் திருக்கோயில்

இந்த சிறந்த திவ்யதேசம்  திருநெல்வேலியில் இருந்து நாகர்கோவில் செல்லும் வழியில் உள்ளது. இந்த திவ்ய தேசத்தை பெரியாழ்வார், நம்மாழ்வார், திருமழிசை ஆழ்வார், திருமங்கை மன்னன் என நான்கு ஆழ்வார்கள் மங்களாசாசனம் செய்து உள்ளனர். 

" குறுங்குடி நெடுந்தகாய் திரண்டு தோளிரணியன்"   -  திருமழிசை ஆழ்வார்

அறிவரியபிரானை ஆழியங்கையனையே அலற்றி*

நறிய நல்மலர் நாடி  நன்குருகூர்ச்சடகோபன் சொன்ன* குறிகொளாயிரத்துள்ளிவைபத்தும் திருக்குறுங்குடியதன்மேல்*

அறியக் கற்றுவல்லார் வைட்டணவராழ்கடல் ஞாலத்துள்ளே.  …   -  , நம்மாழ்வார் {திருவாய்மொழி (5ஆம் பத்து 5ஆம் பதிகம்)};

அக்கும் புலியினதளும்  உடையார் அவரொருவர்*

பக்கம் நிற்க நின்ற பண்பர் ஊர்போலும்*

தக்க மரத்தின் தாழ்சினையேறி* தாய்வாயில்

கொக்கின் பிள்ளை வெள்ளிறவுண்ணும் குறுங்குடியே" 

(திருமங்கை ஆழ்வார்)

கொக்கின் குட்டியானது தனக்கு ஏறத் தகுந்ததான தாழ்ந்த கிளையில் ஏறி தாய்கொக்கின் வாயிலிருக்கிற வெள்ளிறா’ என்னும் மீனை உண்ணப்பெற்ற திருக்குறுங்குடியென்னும் தலமானது, எலும்பையும் புலியின் தோலையும் உடையவரான சிவபிரானாகிற ஒருவர் அருகேயிருக்க (இடங்கொடுத்து) எழுந்தருளியிருக்கின்ற சீலகுணமுடையரான பெருமாளுடைய திவ்யதேசமாம்.

நமது ஆச்சர்யாரான ஸ்ரீ மணவாள  மாமுனிகள் தமது "உபதேச ரத்தினமாலை"யில் -  நமக்கு நெறியாக 'முன்னோர் மொழிந்த முறை தப்பாமல் கேட்டு பின்னோர்ந்து" என அருளிசெய்துள்ளார்.   இந்த திவ்ய தேசத்தில் சமீபத்திய நிகழ்வுகள் நீதி மன்ற படி ஏறி தீர்ப்பாக மாறி உள்ளது.   நமது சிற்றறிவைக்கொண்டு அதை ஆராய முயல்வது சரியானது அல்ல என்பது அடியேனின் உள்ளக்கிடக்கை.  தீர்ப்பு பற்றிய விவரங்கள் இங்கே:

Sri Vaishnava Sampradhayam is centuries old; not one created in a day or by a single person.  It is a rich tradition handed over generations refined by our various Acharyas and great Saints of our Religion.  Ordinary mortals like us do not have the learning, right, capacity or wisdom to change or even comment on them.  We should preserve our heritage by properly adhering to those words of our ancestors “Munnor mozhintha murai thappamal kettu”.

What follows is a gist of a Court judgement on the happenings at Thirukurungudi and no attempt to put forth my own views.

Thirukurungudi is a holy Divyadesam of 5 temples. There are five Nambis in this Kshetram. They are Ninra Nambi (Standing posture), Irundha Nambi (Sitting posture), Kidandha Nambi (Sleeping posture), Thiruparkadal Nambi and Thirumalai Nambi.   The word “Nambi” can be described to mean personification of all virtuous and righteous qualities blended with beauty and grace.  Legend has it that at Thiruvattaparai, the supreme Lord himself acted as a Sishya to our Acharyar Ramanujar posing as ‘vadugar’.  Tirukurungudi is one of the 108 Vaishnavite Divya Desams  and is situated on the banks of the river Nambiyaru, 45 km off Tirunelveli and closer to Nanguneri (Vaanamamalai).  For people here, the river and Temple are the things around which life revolves.   The fertile lands are known for cultivation of rice and plantains.

The famous “Kaisika Puranam” is associated with this temple.   Nampaduvaan was a great devotee, who used sing paeans in praise of Lord Nambi and on Sukla Ekadasi night in the month of Karthigai, he was encountered by a Brammarakshas (demon) who was hungry for days.   The demon wanted to eat him; Nampaduvan was not terrified but told that he had his duty to be finished first, that is singing the praise of Lord Nambi and would return without fail.   The God in the disguise of oldman  tells Nampaaduvan to escape but Nampaaduvan reiterates that he would never deviate from his premise.  In the end the sins of rakashas goes away as he gets the fruits of the song (kaisika pun).  Recalling this, every year on dwadasi day, kaisika puranam is being read out in front of Lord Nambi.

The Mahendragiri mountain near the temple is believed to posses abundant medicinal herbs and is believed to be the place where Hanuman set his foot.

Inside the sanctum there is idol of Shiva, which was removed few years back and became the subject matter in  High Court. As all the Second Appeals arise out of the judgment and decree passed in O.S.No.288 of 2004 on the file of the Additional District Munsif Court, Nanguneri, they were all taken up together and disposed off by this common judgment.

In the recent judgement, Hon.  Justice Mala observed that the Jeeyar Swami  had changed the character of the Nambirayar temple by removal of Shiva idol.    In June 2004, the lingam was removed by authorities and placed at a different place inside the temple.  Conflicts, litigation and Civil suit followed.

The petition of the of Divya Desa Paarambariya Paadhukaappu Peravai, stated that  a Sivan deity called ' Mahendragirinathar', had been in existence for more than 1000 years in the Siva Sannadhi of an ancient temple called "Azhagiya Namirayar Perumal Temple" at Thirukurungudi in Nanguneri Taluk, Tirunelveli District. The  temple is under the control of the Jeeyar Mutt.

Here is the gist of the judgment of  Madurai Bench of Madras High Court (pronounced on 29th Nov. 10)  in batch cases which were combined together.

The averments in the plaint were that the Lingam in front of Lord Veetru Irundha Nambi had existed for centuries  and in this kshetram both sects (Saivaites and Srivaishnavaites) have been offering worship.   That  Saint Thirumoolar had said in his preachings/divine poems that if any person removes the idol of Siva, it will cause law and order problem/other chaos/ calamities in the State. There was one custom prevailing in the Thirukurungudi Temple, i.e. the Bhattachariyar will ask the Sivachariyar as to whether the Lord Mahendragirinathar  has had His food.

On 1.6.2004, Lord Mahendragirinathar Sannathi (Lingam) was altered, removed and demolished.  Those who felt wounded affected by the activities had filed this plaint and the  first plaintiff is the President of Saiva Velalar Association of Thirukurungudi.  The Temple is under the control of  defendant-Jeeyar of Thirukurungudu Jeeyar Madam ; the Commissioner of H.R. & C.E., Chennai and the Joint Commissioner of H.R. & C.E.,  Palayamkottai,  were also added as defendants amongst other parties. 

The petition sought relief to declare that the demolition, removal and relocation the Sannathi of Lord Mahendragirinathar, situated in North-East of Sanctum Santorum of the Temple and in front of Veetriruntha Nambi's (sitting posture) Sannathi within the premises of Arulmighu Azhagia Nambirayar Temple, Thirukurungudi, to a different place, is invalid and  for injunction to subsequently instal the aforesaid Arulmighu Mahendragirinathar Sannathi in the same place as existed earlier.

          

Amongst the other points, the written statement filed by His Holiness Jeeyar Swami  stated that Thirumangai Azhwar had sung in praise of Lord Siva  referring to him as “pakkam nindraar” (standing by the side) and hence cannot be opposite to the Presiding deity. Lord Shiva known as Shri Mahendragirinathar was originally enshrined on the hill top and as the worshippers could not reach there, slowly the Shrine got defunct and the Linga was brought and placed within the Vaishnavite Temple and that structure is now being removed, had no foundation and was apparently put to as a temporary make-shift arrangement at that time. It was not originally not part of the Temple, but a later addition.

The Temple is a Vaishnavaite Temple under the administration of the

Head of the Mutt, His Holiness The Jeeyar Swamigal and the Mutt sought help of donors including TVS Group in renovating the temple.  As per the tradition and accepted practice, before taking up the renovation work, Deiva Prasanam was conducted to seek divine sanction and to perform the requisite rituals found necessary and to rectify the defects, if any. The acclaimed Tantric Shri Unnikrishnan was consulted and the divine ordination disclosed that the then dilapidated Shiva Temple on the North-East of the Village known as Arulmighu Shri Analleswara Temple be renovated first before the renovation work in the Arulmighu Azhagiya Nambriyar Perumal Temple. Accordingly, the same was done.

The Deiva Prasanam further disclosed that the practice of preparation

of Neivediyam in common in Madapalli (Divine Kitchen) in the Temple was not proper and be discontinued. These disclosures coincided with the opinion of scholars, Jeeyar Swamigal, who is the sole administrator of the Temple, and also various other religious Heads of eminence and erudite   scholars having special knowledge of Aagama Saastras and most of the devotees expressed their consent to Jeeyer  Swamigal's views.

Renovation work is thus not for removing the Siva Linga but for providing proper place and eminence appropriate to Lord Shiva as per saastric prescriptions. In "Aagama Saastras", there is no absolute bar that an Idol/Linga Temple cannot be shifted from its place to another under any circumstances. Prathistha (installation) texts of the Aagama Saastras, permit and make provision for Punar Nirmanam (re-installation) and prescribes the rules therefor. The proposal is to ensure and enhance the solemnity and dignity of the worship of Lord Shiva in the Temple precincts by rectifying the defects disclosed in the Deiva Prasanam in conformity with Saastric prescriptions with the constrains of space inside the Temple and not to cast any indignity to the Lingam as alleged in the plaint.

All the Poojas to the Lord Shiva will be performed as before, with separate Neivedaya in the new Divine Kitchen after the chance of location to the right place and hence, the first defendant-Jeeyar of Thirukurungui Mutt prayed for dismissal of the suit.

In the additional counter the Jeeyar Swami further stated (gist):

v     Govt of TN issued a GO Ms No. 55 dt 8/4/2005 ratifying the action of Temple authorities in shifting the shrine and permitted consecration.

v     The location of the Idol at the proper place cannot affect the

v     religious sentiments of any worshipper. The religious function of the Head of the Mutt, is not subject to supervisory control of the H.R.& C.E. Board.

v     the renovation / restoration was undertaken adopting a holistic approach blending science and ancient wisdom.

v     The Head of the Mutt has taken in the interests of the religion and worshippers and the decision to shift the Idol was made, and as no new Idol was to be installed, the sanctity of the Temple would not be diminished. His Holiness Shri Kanchi Sankaracharya of Kanchi Kamakoti Peetam opined that the Idol of the Lord Shiva can be re-located as per the Agamic injunctions.

On the basis of the pleadings and arguments advanced by learned counsel on both sides, the trial Court framed necessary issues and considering the oral and documentary evidence, the trial Court decreed the suit as prayed for by the plaintiffs, against which, D1 to D3 and D7 to D9 preferred First Appeals and the first appellate Court allowed those First Appeals and dismissed the suit.

Learned counsel for First defendant-Jeer relied on the decision of the

Apex Court reported in AIR 1959 SC 860 (Sarup Singh Vs.State of Punjab), in which the Supreme Court held  that the administration of its property by a religious denomination has thus been placed on a different footing from the right to manage its own affairs in matters of religion. The latter is a fundamental right which no legislature can take away, whereas the former can be regulated by laws which the legislature can validly impose.

·        Freedom of religion in our Constitution is not confined to religious

·        beliefs only, but extends to essential religious practices as well, subject to the restrictions which the Constitution has laid down.

·        The Court going by the answers to the substantial questions of law determined that

-                    the plaintiffs have locus-standi to file the suit in a representativecapacity;

-                    the H.R. & C.E. authorities sought for explanation from the Jeeyar Swami  regarding the removal of the Idol of Lord Shiva from the place, which is admittedly now kept in "Dhanya Vaasam" (inside paddy). This shows that the first defendant-Jeer has no authority to remove the Idol of Lord Shiva from the place where it was originally situated;

-                    the Government have also passed the G.O. ratifying the said action of the Jeeyar, when admittedly, as on today, the challenge to the said G.O. is pending before this Court in W.P.No.18450 of 2005

-                    The judgment and decree of the first appellate Court are liable to be set aside and that of the trial Court are to be restored. Therefore, the plaintiffs are entitled to get the declaration that the demolition, removal and re-location of the Lord Shiva/Mahendragirinathar Sannadhi situated on the north-east of Sancum Sanctorum of the Temple and in front of the Shrine Veetrirundha Nambi, to a different place, within the premises of Arulmighu Azhagiya Nambirayar Temple, Thirukurungudi, is illegal and invalid. Accordingly, the declaration sought for by the plaintiffs, is granted.

-                    There will be a direction to defendants  to restore the Lord Shiva Sannadhi, namely Arulmighu Sri Mahendragirinathar, to the original place from where it was removed, within three months from today.

-                    the other miscellaneous petitions are closed.

There are devotees who feel that matters relating to Temple, Sampradhayam, belief, Culture  are better decided by the Mutts and in discussion with those well versed in religious rituals, agamas, scriptures  and other related   practices and it would serve devotees interests better if all concerned  refrain from litigating in Court of Law.