Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(Mad) 872

High Court of Judicature at Madras
MARKANDEY KATJU, & F.M. IBRAHIM KALIFULLA
Puthiya Tamilagam, Rep by its President Chennai
Versus
State of Tamil Nadu, Rep by its Secretary, Chennai & Others
W.P.M.P. No. 21036 of 2005 & W.P.M.P. No. 21388 of 2005 in W.P. No. 9235 of 1998
Decided On :Decided on: 17-06-2005

Advocates Appeared:
For the Appearing Parties:M/s. P.V. Bakthavatchalam, J. Saravanavel, B.S. Ajeetha, Special G.P.(HR & CE). for R 8 & R9, M/s. S. Thiruvenkataswamy, R7, M/s. P. Gopalan. J. Ram, R1, R4 & R6 AGP (W). Advocates.

The central legal point established in the judgment is the constitutional right to equality and dignity, especially for the historically oppressed and weaker sections of society, and the need to eradicate discrimination based on caste or community.

Headnote:
Temple Car Festival - Scheduled Caste Participation - Section 69(1) of the Act - Orders passed by the Court and Commissioner - Violation of Article 21 of the Constitution
Fact of the Case:

The petitioners, belonging to the Scheduled Caste, sought permission to participate in pulling the Temple Car during the Car Festival held in a specific temple. The Court was addressing the request for participation of the Dalit Community in the ongoing Car Festival.
Finding of the Court:

The Court found that despite previous orders allowing people of all castes and communities to pull the Temple Car after the preliminary rituals, members of the S.C./S.T. Communities were not permitted to participate. The Court emphasized the constitutional right to equality and dignity, and the need to eradicate discrimination against the S.C./S.T. Communities.
Issues: The main issue was the denial of participation in the Temple Car pulling by the S.C./S.T. Communities despite previous court orders and constitutional provisions.
Ratio Decidendi: The Court held that the denial of participation by the S.C./S.T. Communities was a violation of Article 21 of the Constitution, as well as the previous orders of the Court and the Commissioner. The Court emphasized the need for equality and dignity for all citizens, especially the historically oppressed and weaker sections of society.
Final Decision: The Court directed the District Collector to ensure strict compliance with previous orders, personally holding the District Collector responsible for non-compliance. The Court also emphasized that the participation of S.C./S.T. Members in the Temple Car Festival should not be token and should be free from caste-based regulations. The Court also addressed potential law and order issues, emphasizing the need to deal with mischievous individuals irrespective of caste, creed, or color.

Judgment :-

MARKANDEY KATJU, C.J.

1. W.P.M.P. No. 21036 of 2005 is a miscellaneous petition filed in W.P. No. 9235 of 2005. We also have before us impleading petitions, viz. W.P.M.P. Nos. 21313 and 21583 of 2005 and a direction petition, viz. W.P.M.P. No. 21388 of 2005.

2. We have heard the learned counsels for the writ petitioners and for the newly impleaded parties, including the Panchayat President as well as the learned Advocate General.

3. The grievance of the petitioners who belong to the Scheduled Caste is that they are not allowed to pull the Temple Car in the Car Festival held in the Swarnamoortheswarar Temple, Kandadevi Village, Devakottai Taluk, Sivagangai District.

4. Various allegations have been made in the writ petition and in the affidavits filed in support of these miscellaneous petitions, but it is not necessary to deal with all of them in great detail at this stage since we are not deciding the writ petition finally today. We are only dealing with the request of the learned counsels for the petitioners that since the Car Festival is going on, the Dalit Community should also be permitted to pull the Temple Car in the said Festival.

5. Learned Advocate General has invited our attention to the order of a Division Bench of this Court dated 6.7.1998 passed in W.M.P. No. 14132 of 1998 in W.P. No. 9235 of 1998, which reads as follows: —

“Learned counsel for the petitioner in this public interest litigation states that he has got no objection for the initial rituals and pujas, etc. being performed traditionally as decided by the management and by the impleaded respondents, i.e. Nattars. Learned counsel for the petitioner states that if the petitioner or the public, irrespective of the caste and creed is permitted to pull the car after the rituals have been performed according to their traditions, say, within an hour of performing the ri tuals and the car being pulled by Nattars as decided by the management, they have got no objection. Irrespective of the caste means it also includes religion and creed. Learned counsel for the respondents also have no objection to this.

2. In view of the respective stand taken by both the parties, no interim is called for. The State administration is directed to ensure and take appropriate steps, which are according to the situation, and in the interest of the administration to avoid explosive situation on the spot and at the same time ensure that peace loving citizens are able to participate in the rituals in a peaceful manner.”

6. Thereafter, it appears that an order was passed by the Commissioner, Hindu Religious and Charitable Endowments Administration Department, Chennai-34 on 26.6.1999, which reads as follows: —

“The appeal petition filed under Section 69(1) of the Act, is partly allowed to the following extent:

(1) Before the main festival of car procession starts, during the preliminary rituals, conferment of honours like Pattu, Parivattam, Malai (garlanding) etc., shall be done to respondents 1 to 4.

(2) After the preliminary rituals are over and when the car procession per se starts, all Hindus, irrespective of caste, community or creed, shall be entitled to partake in pulling the car.”

7. Thus, it appears that the orders which have been passed by this Court as well as the learned Commissioner are to the effect that the preliminary rituals and poojas can be done by the Nattars, but when the preliminary rituals are over and when the Car Procession starts, all Hindus, irrespective of caste, creed or community, shall be entitled to partake in pulling the Car.

8. Thus, there are clear orders that after the preliminary rituals, people of all castes and communities have the right to pull the Temple Car.

9. The grievance, however, as expressed by Mr. K. Chandru, learned senior counsel and Ms. R. Vaigai, learned counsel for the petitioners is that despite the aforesaid orders, members of the S.C./S.T. Communities were not permitted to participate in the pulling of the Temple Car. This alleg

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Judicial Analysis