THONDARKULA V PERUMAL Vs. UNION OF INDIA
LAWS(MAD)-2007-11-574
HIGH COURT OF MADRAS
Decided on November 20,2007

THONDARKULA V.PERUMAL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

F.M. Ibrahim Kalifulla, J. - (1.) THE appellant, who is 70 years old and claims himself to be an ardent follower of Sri Vallalar Swamigal, preferred the writ petition seeking for a direction to the respondents to consider the doctrine and principles of Saint Vallalar as stated in the 6th Thirumarai and Agaval (original of the same, written by His Holiness in his own handwriting) and to release the postage stamp of His Holiness without applying 'Thiruneeru' (jpUePW) on the forehead of Saint Vallalar's photograph, while releasing the commemoration stamp, in accordance with the principles and beliefs as enunciated by the Holy Saint. THE writ petition was dismissed at the admission stage by the learned Single Judge.
(2.) AS far as the claim of the appellant that having regard to the philosophy propagated by the Holy Saint Vallalar, the depiction of his image in the commemoration stamp with 'Thiruneeru' ( jpUePW) on his forehead would be wholly contradictory to His own saying of non-attachment with any particular religion, while propagating the philosophy that the presence of God can be felt by every individual in ones own heart through Holy Light. The learned Single Judge, while appreciating the stand point of the appellant and his anxiety to protect the lofty philosophy propagated by the Holy Saint, also felt that entertaining any litigation of such a sensitive issue would only result in downgrading the ideals of the Holy Saint as that would up the floodgate for everyone to enter upon a debate on the issue and therefore at the instance of the appellant such a litigation need not be entertained. The learned single Judge, however, gave liberty to the appellant to bring forth all his objections to the notice of the 1st respondent in order to enable the 1st respondent to consider his objections and take appropriate decision. On that basis the learned Judge dismissed the writ petition. Mr.S.S.Sundar, learned counsel appearing for the appellant, in support of the stand point of the appellant referred to some of the original sayings of the Holy Saint which have been set out and recorded in the works of the Saint called Agaval and Perubadesam to show that the Great Saint was not identifying himself in the later years to any particular religion and the very words coined by the Great Saint, namely Samarasa Suddha Sanmargam would only propagate the ideals of commonness in all human beings not to be identified with any particular sect or religion and therefore the attempt of the appellant to set right whatever defect in the commemoration stamp should be countenanced. Having heard the learned counsel for the appellant and after perusing the order of the learned Single Judge, we are also of the considered view that having regard to the high level of preaching of the Great Saint in the interest of mankind as well as all other living things in the World, there should not be any scope to be given to any one to take this opportunity and litigate the same for everyone's individual satisfaction by way of propagation. We also share the views of the learned Single Judge in stating that the Holy Saint's greatness should not be dragged into a litigating process as that would not be in the interest of the ordained followers of the Holy Saint.
(3.) AT the same time, in order to ensure that the image of the Holy Saint is appropriately depicted in the commemoration stamp, we permit the appellant, as held by the learned Single Judge, to bring forth all his objections before the 1st respondent who shall consider the same objectively and in order to ascertain the correctness or otherwise of such objections to be raised by the appellant, we also direct the 1st respondent to seek for appropriate guidance from persons of great learning about the philosophy of the Great Saint Vallalar as well as Samarasa Suddha Sanmarga Sangam before taking a decision. In the event of the 1st respondent reaching a conclusion which would necessitate any change to be carried out in the commemoration stamp of the Great Saint Vallalar, it will be appropriate for the 1st respondent to release such information to the public at large of any defect or deficiency in the earlier commemoration stamp already issued. In the light of the conclusion of the learned Single Judge, with which we are also fully concur, that the appellant should only approach the 1st respondent, we only state that the writ petition shall stand disposed of instead of having been dismissed as stated by the learned Single Judge.;


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