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Madras High CourtWP/26255/2025disposed of

Venkatesan v. The District Collector

2025-07-17Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NOs. 29554 and 29557 OF 2025

1. Venkatesan S/o. Arunachalam, No. 9/63 North Street, Elayaperumal Nallur Village And Post, Udaiyarpalayam Taluk, Ariyalur 612 903.

Petitioner(s) Vs

1. The District Collector District Collectorate, Ariyalur 621 2.Superintendent Of Police Ariyalur District 3.Mr. Parimalam, PA Grievances To Collector District Collectorate, Ariyalur 621 704.

4.Revenue Divisional Officer Udayarpalayam Division, Ariyalur 621 704 5.The Assistant Commissioner HR&CE, Ariyalur 621 704 6.The Inspector of Police, Jayankondam Police Station,

Ariyalur 621 704 7.Samikannu S/o. Ramasamy, Kandiyankoillai Village, Ariyalur Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondents 1,4,5 to permit the petitioner and his community people to enter into the Arulmigu Puthukudi Ayyanar Temple and permit them to do worship and other ritual activities as such and permit them to participate in Temple Car Festival to be held on 16.07.2025 till 31.07.2025 and to pass orders.

For Petitioner(s): Mr.Deepika S For Respondent(s):

Mr.T.M.Rajangam, Government Advocate for R1, R3 and R4 Mr.N.R.R.Arun Natarajan Special Government Pleader for R5 Mr.V.Meganathan Government Advocate [Crl Side] for R5

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to permit the petitioner and others, who belong to the Scheduled caste community to enter into the temple and to participate in the temple car festival to be held

from 16.07.2025 to 31.07.2025.

2.

When the writ petition was taken up for hearing, the learned Special Government Pleader submitted that the concerned temple is not within the control of the HR&CE Department. 3.

In the considered view of this Court, if a temple is permitted to be visited by the general public, it assumes the character of a public temple. In such an event, irrespective of the caste or community of the devotees, they must be permitted to offer their prayers to god. Caste and community are the creations of human beings and god is always considered to be neutral. That apart, preventing persons from offering prayers on the basis that they belong to Scheduled Caste community, is an affront to the dignity of persons who are discriminated based on their caste. This can never be permitted in a country, which is governed by the Rule of law. That apart, Section 3 of the Tamil Nadu Temple Entry Authorisation Act, 1947, makes it abundantly clear that not withstanding any law, custom or usage to the contrary, every Hindu irrespective of the caste or sect to which he belongs to, shall be entitled to enter any Hindu temple and offer workship therein. If

they are restricted entry, it will amount to an actionable wrong / offence and the concerned person can be sued or prosecuted there for. This act came into force after a long struggle by many leaders, who wanted to ensure that persons are not prevented from entering into the temples based on their caste. The Act was brought into force as a policy taken by the State Government to remove the disabilities imposed on certain classes of Hindus against entry into Hindu temples in the State.

4.

In view of the above discussion, there shall be a direction to the respondents 2 and 4 to ensure that all classes of Hindus are permitted to enter into the temple and participate in the festival. If any one prevents them from participating, action shall be taken in accordance with law. It shall be ensured that no law and order problem is created.

5.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions are closed.

17-07-2025 rka

Note : Issue order copy on 17.07.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector District Collectorate, Ariyalur 2.Superintendent Of Police Ariyalur 3.Parimalam, PA Grievances To Collector District Collectorate, Ariyalur 621 704.

4.Revenue Divisional Officer Udayarpalayam division, Ariyalur 621 704 5.Assistant Commissioner HR&CE, Ariyalur 6.The Inspector Of Police Jeyakondam Police Station, Ariyalur 7.Samikannu S/o. R Amasamy, Kandiyankoillai Village, Ariyalur

N.ANAND VENKATESH J.

rka WMP NOs. 29554 and 29557 OF 2025 17-07-2025