Temple activist TR Ramesh fights for Kapali Devotees’ cause
Mylapore resident and President of the Temple Worshippers Society, TR Ramesh has been taking up many devotee friendly causes relating to the Kapaleeswarar temple. Last year, he stalled the demolition of the buildings on Kumara Gurunathan Street adjacent to the temple where the authorities had sketched a multi storied complex. It is the street where many of the service personnel of the temple have resided over the last century or so.
Over the last nine months he has been fighting tooth and nail on the transfer of Kapali temple funds to the new arts college planned by the TN Government in Kolathur.
Challenges the announcement in the assembly
In October last year, soon after the announcement in the state assembly of the setting up of the college, Ramesh filed a writ petition in the Madras High Court challenging the legality. Referring to the TN HR & CE act he says that only the Trustees of the temple who alone have full authority over the assets and properties of the temple and are in control of the administration thereof. “While the surplus funds from out of the offerings made to the Kapali temple could be used for the purpose of setting up an educational institution, such a proposal must come from the trustees to the Commissioner. The Commissioner or the HR & CE Department of their own accord do not have the authority to set up an educational institution."
Kapali Temple - Where are the Trustees?
The Kapali temple has not had a board of trustees for a long time and no attempt has been made over the last decade to appoint a trustee.
Over three Centuries ago, when the Kapaleeswarar temple was being built in its current location, the Thuluva Velalar community had a significant role to play in its development. 82 year old AC Kandaswamy, a Civil Engineer, is now the President of the Poonamalee Uyir Thuluva Vellalar Marabinar Sangam that was officially registered in 1946 once the HR & CE took over the temple. He recounts the role of his forefathers in the development and improvement of the temple over the last few centuries “Mylai Naattu Muthaiappa Mudhaliar donated lands for the temple 380 years ago. Several members of the community made large donations in the form of jewels and house properties for the maintenance of the temple and the Service Personnel.”
Even after the HR & CE took over, three members of the Thuluva Vellala community were appointed as trustees and this went on till 1976. And then all of a sudden, no members were appointed from the community.
'Temporary' Fit Person continues for a Decade!!!
Ramesh has questioned the continued presence of the Fit Person. He has repeatedly told this writer over the last many years that the appointment of a fit person is only a stop gap measure and it is only upon the board of trustees that the decision-making authority in the temple is born. All matters relating to the administration of the religious institution "shall be decided at the meetings of the Board of Trustees.”
At the Kapali temple, P Vijayakumar Reddy has remained as the 'Fit Person' for a decade!!!
"The duties of trustees, as being discharged by the fit person allow the latter to undertake the day-to-day administration and running of the temple but he cannot be seen to have any right to alienate the property or the offerings at the temple or take any major policy decision pertaining to the temple" Ramesh said.
A fit person temporarily discharges the duties of administration and the transfer of funds would be a much larger policy decision that a fit person ought not to take. The mere fact that a fit person may have continued for years and even a decade in the absence of government endeavor to install the rightful administration by the appointment of trustees, will not confer any greater right on a fit person than a mere caretaker discharging the administrative duties in the absence of the real administrator.
Ramesh said that the application to start a college by a temple should come from the Trustees of the temple. In the case of the Kolathur college, the announcement was made in the assembly and the Commissioner acted on that announcement “As per the HR & CE act, the Government or the HR & CE (Commissioner) do not have the rights to start the college on their own on behalf of a temple.”
Get back the Hereditary Trustees
Acknowledging the points raised by Ramesh, the Judges in their remarked pointed out that these substantial issues raised had to be addressed and assessed. They also directed that educational institutions on the basis of Section 36 of the Act should not be instituted till trustees are first put in place
In April this year, Ramesh pointed to the Court that despite their direction to appoint hereditary trustees from the Poonamallee Thuluva Velalar Community, the Kapali temple has failed to do so.
Kapali funded college without a Religious Instruction
Another fundamental point Ramesh has raised is the non inclusion of a course in Hindu religion as a prominent subject He had told this writer last year that a course pertaining to Hindu religious instruction would be mandatorily required as a part of the main stream curriculum of the educational institution and not as an incidental subject.
The court in their direction said that the college offered BBA, B. Com and other similar courses without there being a regular course in religious instructions in Hindu religion. It will be a condition precedent that a stream of religious instructions in Hindu religion be introduced. If such a course is not introduced within a month of the college starting, the further functioning of the college cannot continue, the court had said.
In a 1972 judgment, the Supreme Court had clarified on what constitutes Religious Instructions “Religious Instructions is that which is imparted for inculcating the tenets, rituals, the observations ceremonies and modes of worship.”
Almost as to answer Ramesh, the institution hurriedly announced a 'six months certification course' in Saiva Siddhantha and Vaishnavism which he has vehemently objected to!!!
Outside of these procedural aspects, Ramesh has also pointed out that the Kapali temple did not have funds to buy the land as well as to run and maintain the college every year.
Ramesh is giving his best in trying to secure the devotees' funds for the purpose for which it was presented to the Lord of Mylapore. He quotes the 1876 privy council and is confident that truth will prevail in this case
"...Where the power is given to do a certain thing in a certain way, the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden...."
KAPALI TEMPLE SURROUNDS DEMOLITION STALLED - https://prtraveller.blogspot.com/2021/07/kapali-temple-surrounds-large-scale.html
RK MUTT KAPALI TEMPLE REPOSSESSION - https://prtraveller.blogspot.com/2022/01/ramakrishna-mutt-mylapore-kapali-temple.html
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