The Madras High Court today dismissed a PIL seeking to stay construction of a mortuary at the government hospital in Naguneri in the district, where a 2000-year-old Vaishnavite temple was located, saying it cannot interfere in the decision of the government.
Justices S Manikumar and S S Sundar dismissed the PIL at the admission stage itself.
In his PIL, secretary of the Srivara Mangai Natchiar Baktha Sabha, S Srinivasan, submitted that if construction of the mortuary was allowed, then the Brahmotsavam to held in the Tamil month of Panguni and Chitrai could not be celebrated as bodies would remain in the hospital's proposed mortuary for days together.
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As per temple custom and tradition and Agama Sashtra, that lays down the rules for worship, temple building, spirituality and rituals, the idol procession is not taken through a street if there is a body.
If the mortuary is located, then bodies would not be removed till the clearance was given by the police, after the post mortem was performed.
"This will affect the annual festival and its spirit," he said.
Currently, the hospital officials ensured that bodies were removed immediately so that the festival was not affected.
The idol of the deity would be taken through the street where the hospital is located to different areas where people belonging to various castes and communities offer worship, the petitioner submitted.
A Kali temple and Shiva temple also had annual festival and this would also be affected if the mortuary was allowed to be constructed.
The sabha had given a letter to the Health Secretary objecting the decision of the Joint Director of Health, Tenkasi, to construct the mortuary in the hospital. The seer of the famous Vanamalai Mutt also had asked the officials to reconsider locating the mortuary as it was near the temple and procession route.
"But the officials had not applied their mind to this factor", the petitioner claimed.
However, the court dismissed the PIL saying it could not interfere in the decision of the government.


