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The Madras High Court has stayed a single bench order regulating VIP darshan and providing basic facilities to the devotees visiting the Subramaniya Swamy temple at Tiruchendur in Tuticorin.

A division bench of Justices Paresh Upadhyay and R Vijaykumar observed that the subject matter of the Writ Petition is the challenge to the suspension order of the employee. The scope of the said petition could not have been expanded as ‘Public Interest Litigation’ by the single judge.

The bench said that, “The state does not need directions from the court that too in somebody else’s petition, to discharge functions. In the due discharge of its obligations in accordance with the law, if any citizen is aggrieved, he can challenge the same before appropriate forum and sustainability of the said action of the state can be enshrined separately.”

The State submitted that many directions issued by the single judge were already implemented by the Government.

Earlier in an order dated March 23, 2022, the Single Judge bench of Justice S.M. Subramaniam had said that there cannot be any discrimination among devotees as VIPs also attend the temple for darshan. “God alone is the VIP”, the Judge had noted.

Importantly, Court directed that Special Darshan “Abishega Kattalai” is to be provided only for 10 minutes and the crowd in front of the deity is also to be regulated in such a manner without causing any inconvenience to the devotees.

The bench of Justice S.M.Subramaniam had then said, "The devotees are worshiping the God on religious faith. Thus, there cannot be any discrimination amongst the devotees, as the VIPs are also attending the temple for darshan as devotee. God alone is VIP. If any VIP causes any inconvenience to the public devotees, then such VIP is committing religious sin, which will not be forgiven by the God."

The division Bench, while staying the order lastly noted,

 “We note that many of the directions issued by learned Single Judge are showing concern about amenities to the devotees such as providing drinking water, clean toilets, etc., We find that the State in its wisdom is expected to act in accordance with the law, for the welfare of the people at large and we do not find any complaint having come to this Court in appropriate proceedings.”

The further hearing will take place on April 6, 2022.

[Case Title: M. Seetharamam v. The Commissioner, HR & CE Department, Nungambakkam & Ors.]