Supreme Court Appoints Justice Kaul As Mediator In Devarajaswamy Temple Dispute

The Supreme Court today appointed Former Judge, Justice Sanjay Kishan Kaul as Principal Mediator to decide 120 years old dispute between two sects over performing rituals at the Sri Devarajaswamy Temple, Kanchipuram, Tamil Nadu.

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a challenge to the Madras High Court's decision dismissing a writ petition seeking permission for the Vadakalai sect of Sr Vaishnavas to recite prayers in the sanctum sanctorum of Sri Devarajaswamy Temple, Kanchipuram. 

Sr Advocates CS Vaidyanathan ( assisted by Adv. Ronak Shankar Agarwal) with Satish Parasaran and Arvind P. Datar appeared for the petitioners. 

The main contention of the petitioners is that the Madras High Court order (1) is based on the pre-constitution decisions, which recognised hereditary Adhiapaka Mirasi rights of the Southern (Thenkalai) sect, which is contrary to Article 25 of the Constitution; (2) overlooks the enforcement of Tamil Nadu HR&CE (Amendment) Act, 1971 which abolishes hereditary religious service in temples, and thus any past judgments supporting such services; 

(3) The High Court has recognised Vadakalis as a religious denomination but restricts the sect's fundamental rights by granting the prayer permissions solely to the Thenkalai sect. 

Sr Advocates CA Sundaram and Guru Krishna Kumar appeared for the respondents and submitted that the recitals by the Thenkalai sect are over 300 years old and going as per the temple traditions. 

During the hearing, Sr Adv Datar, however, pointed out that the Courts should uphold the notion of 'fraternity' and that the two sects should possibly explore an amicable scenario. He stated that during the Covid, a flexible solution was agreed upon where for the first 20 seconds, one sect chants its mantras and for the second 20 seconds, the other sect would chant its respective prayers. However, now the temple executive directed the recitals to be performed only by the Thengkalai sect

The bench noted that the parties have graciously agreed to refer the matter to mediation. Considering the same, the bench passed the following order : 

"Ld Sr Counsels have gracefully agreed to mediation so that the day-to-day rituals can be performed in an amicable manner. In this regard, we request Mr Sanjay Kishan Kaul, former Judge of this Court, who has been the Chief Justice of Madras High Court, to act as the principal mediator."

"Justice Kaul may associate two more persons of his choice who are well conversant in Tamil and Sanskrit languages, rituals and the religious history of the temple."  

Case Details : S. NARAYANAN v. THE STATE OF TAMIL NADU & ORS.| SLP(C) No. 2855/2026