No Clinching Material To Show Exact Birthday Of Saint Thiruvalluvar: Madras HC Dismisses Plea Against State Govt Policy

The Madras High Court said that there is no clinching material to show the exact birthday of Saint Thiruvalluvar.

The Court dismissed the writ petition seeking to issue a writ of declaration, declaring the policy of the Tamil Nadu Government celebrating the birthday of Thiruvalluvar on the 2nd day of Thai as null and void.

A Single Bench of Justice M. Dhandapani observed, “… it is evident that there is no clinching material to show the exact birth day of Thiruvalluvar. In the absence of any concrete proof evidencing the birth day of Thiruvalluvar, this Court, sitting under Article 226 of the Constitution cannot give any affirmative direction to the respondents to fix the birth day of Thiruvalluvar as falling on the Anusham Star in the Tamil Month of Vaikasi.”

The Bench added that, as a welfare state, to promote linguistic harmony, it is open to celebrate a particular day as a mark of respect and adoration to Thiruvalluvar, but in the absence of any material which proves that to be the birthday, the State cannot be directed to declare Anusham star in the Tamil month of Vaikasi as the birthday of Thiruvalluvar and to declare holiday on the said date in lieu of Thiruvalluvar day, which is celebrated on the 2nd day of the Tamil month of Thai.

Advocate S. Padma represented the petitioner while AG P.S. Raman represented the respondents.

In this case, as per the petitioner, the birthday of Great Saint and Tamil Poet Thiruvalluvar, which is being celebrated on the 2nd day of the Tamil month Thai, was not the correct day, which ought to have been celebrated on a different day i.e., on the day of the Tamil Star ‘Anusham’ in the Tamil month of ‘Vaikasi’. The petitioner challenged the order of the State Government as null and void.

The petitioner neither complained of constitutional nor statutory violation by the respondents and his grievance was only with regard to fixation of a date for celebrating Thiruvalluvar Day. The petitioner was a Tamil Professor with 36 years of teaching experience in Tamil Literature with a Doctorate, which was awarded for commentaries on Thirukkural, more particularly, the couplets pertaining to ‘Arathupal’.

The High Court in the above regard, noted, “Before embarking upon adjudicating the issue, Thirukkural, the epitome of eternal bliss to each human being, speaks about the manner in which one could attain greatness and the same is spelt out in Kural No.21 in Arathupal by the Great Saint Thiruvalluvar.”

The Court further noted that the great saint Thiruvalluvar, an omnipresent being, one who led a life as codified through his well acclaimed couplets, numbering 1330 in all, comprised in the compilation ‘Thirukkural’, guides the human folks the way in which one should lead their lives and the great work Thirukkural also stands testimony of the great culture of Tamils and also the greatness of Tamil language, which also needs no additional words to be spoken of its rich linguistic and cultural value.

“Humanity has been endowed with the said couplets to be practiced by each one, which is a bliss to attain enlightenment. … Thirukkural stands as a testament to the poetic greatness of Thiruvalluvar, as the couplets clearly portray the manner in which a person should lead his life. The greatness of Thiruvalluvar really deserves celebration and earmarking a day for celebrating the greatness of Saint Thiruvalluvar is gracefully accepted by either side”, it remarked.

The Court said that, there is not even a single averment or any material evidencing the birth day of Thiruvalluvar and the only glimpse with regard to the birth day, even according to the petitioner, is premised on the formation of Thiruvalluvar Thirunal Kazhagam, which was formed in the year 1935, which celebrated the birth day of Thiruvalluvar on Anusham star in the Tamil month of Vaikasi and further, the said occasion was graced by Maraimalai Adigal, the great Tamil scholar.

“There are unauthentic hagiographic and legendary accounts of Valluvar's life, but there are no authentic materials which reveal the birth date of the great poet. Little is known with certainty about his family background, religious affiliation, or birthplace. He is believed to have lived at least in the town of Mylapore (a neighbourhood of the present-day Chennai), and his flouritis dated variously from fourth century BCE to early fifth century CE, based on the traditional accounts and the linguistic analyses of his writings”, it also observed.

The Court elucidated that, there is no testament evidencing that for over 600 years, Anusham star in the Tamil month of Vaikasi is being celebrated as the birth day of Thiruvalluvar and in the absence of any specific material evidencing the birth day of Thiruvalluvar, trying to impose upon the respondents to celebrate Anusham star in the Tamil month of Thai as the birth day of Thiruvalluvar cannot be acceded to.

“… this Court cannot issue any writ of declaration to the respondents to declare that Anusham star in the Tamil month of Vaikasi ought to be celebrated as the birth day of Thiruvalluvar. No such direction can be issued to the respondents by this Court sitting under Article 226 of the Constitution as there is no concrete proof to hold that Anusham star in the Tamil month of Vaikasi is the birth day of Thiruvalluvar”, it concluded.

Accordingly, the High Court dismissed the writ petition.

Cause Title- Prof. Dr. Samy Thiyagarajan v. The Chief Secretary Government of Tamil Nadu & Ors.

Appearance:

Petitioner: Advocate S. Padma

Respondents: AG P.S. Raman, AGPs L.S.M. Hasan Faizal, and S. Ravichandran.

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