New Delhi: Justice N Anand Venkatesh, who made the declaration after perusing an inspection report submitted by the commissioner of archaeological department, also directed the Tamil Nadu Hindu Religious and Charitable Endowment (HR&CE) to hand over possession of the temple to the department.
The judge was allowing a writ petition from the Buddha Trust in Salem, which prayed for a direction to the ASI to conduct an inspection of the said statue at Thalaivetti Muniyappan temple and submit a report to the court as to its identity and antiquity and to direct the state government to take appropriate action to restore the said lands in Kottai Road, Periyeri village to the petitioner trust.
On the earlier occasion, the judge had directed the commissioner of the state archaeological department to inspect the temple and the statue, claimed to be that of Thalaivetti Muniappan and submit a report.
Accordingly, the commissioner after inspecting and carefully analysing the sculpture came to the categorical conclusion that the sculpture depicted the 'mahalakshanas' of the Buddha only.
The judge observed that after having received such a report, it will not be appropriate to permit the HR&CE department to continue to treat this sculpture as Thalaivetti Muniappan. The mistaken identity can no longer be allowed to continue after coming to the conclusion that the sculpture is that of Buddha.
It is clear from the above report that the sculpture depicted Buddha. Till now, the same is under the control of the HR&CE department and an executive officer was also appointed on the premise that it is a temple. In view of the categorical report submitted by the commissioner, the assumption of the department that it is a temple is no longer sustainable and the control must go into the hands of some other authority.
In view of the same, the original status must be restored and permitting the HR&CE department to continue to treat the sculpture as Thalaivetti Muniappan will not be appropriate and it will go against the very tenets of Buddhism, the judge observed, and directed the commissioner of archaeological department to take control of the property and maintain it.
He shall also erect a board inside the property saying the sculpture is that of the Buddha. The general public can also be permitted to visit the place and it shall be ensured that no pujas or other ceremonies are allowed to be performed for the sculpture of the Buddha, the judge said.—PTI