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2020 Supreme(Mad) 1165

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. SURESH KUMAR, J.
Arul Migu Mahalakshmi Amman Thirukovil and Ors. – Appellants
Versus
The District Collector, Karur District – Respondent
W.P. (MD) No. 16701 of 2019
Decided On : 29-05-2020

Advocates:
Advocate Appeared:
For the Appellant : PT. S. Narendravasan
For the Respondents: P. Kannithevan, AGP

Headnote:

Constitution of India – Articles 25, 26 and 226 –Indian Penal Code, 1860 – Section 295 – Societies Registration Act, 1975 – Intelligent First Cause – Writ of Mandamus – Affidavit – Deliberate and Malicious Intention – Petitioners sangam along with its Administrators joined together and filed this writ petition with prayer of writ of mandamus seeking a direction from this Court to respondent to take necessary action not to break coconut on head of devotees during Aadi festival scheduled to be conducted in Sri Mahalakshmi Amman Temple claimed in the affidavit that Sri Mahalakshmi Amman Temple is family deity of community people – Every year during Tamil month festival called would be celebrated in a grand manner conducting month will be performed in temple – Held, State Administration through all its wings have been supervising what is going on in temple during festival and that kind of regulatory supervision being undertaken by State Administration cannot be converted into a force to do away customary practice that too by way of offering poojas and sacrifices towards God to fulfill vow of devotees – Court feels that unless such religious customs, rituals poojas performed by any religion or religious denomination or community are against public order or morality and also become injurious to health in eye of law such kind of religious customs, practices and rituals cannot be injuncted or prevented by way of issuance of any order of Court feels that prayer seeking writ of mandamus to give such a direction to respondent and its subordinates to stop such religious ritual performances, tradition, custom or offering is totally unwarranted unjustifiable and also amounts to unnecessary interference of religious freedom – Appeal dismissed.

ORDER :

R. Suresh Kumar, J.

1. The relevant facts which are required to be noticed for the disposal of this writ petition are as follows:

(i) That the petitioner is a Society (Sangam) called "Arulmighu Mahalakshmi Mumudiyar Kulanala Sangam" of 24 Manai Telugu Chettiyar community. It is a registered Association under the provisions of the Societies Registration Act, 1975.

(ii) The petitioners sangam along with its 26 Administrators joined together and filed this writ petition with the prayer of writ of mandamus seeking a direction from this Court to the respondent to take necessary action not to break the coconut on the head of the devotees during Aadi festival scheduled to be conducted in Sri Mahalakshmi Amman Temple, Mettu Mahadanapuram village, Krishnarayapuram Taluk, Karur District.

(iii) As per the affidavit averments filed in support of the writ petition, on behalf of the petitioners, it is contended that, there is a Temple at their village Mettu Mahadanapuram at Karur District called "Sri Mahalakshmi Amman Temple". It is a public temple as all the community people used to visit and worship the deity of the temple.

(iv) The temple is under the control and administration of the Hindu Religious and Charitable Endowment Department of Tamil Nadu (in short "HR and CE Department") and the 24 Manai Telugu Chettiyar Community people are regularly taking part in worshipping at the Temple throughout like other community people.

(v) It is further claimed in the affidavit that Sri Mahalakshmi Amman Temple is the family deity of 24 Manai Telugu Chettiyar community people. Every year during the Tamil month Aadi 18th day, the festival called "Aadi Thiruvizha" would be celebrated in a grand manner conducting Ganapathi Homam and Ganapathi poojas. On the 19th day of Aadi month, a Maha Abishega pooja will be performed in the temple. The Maha Abishega pooja would be performed in a grand manner as thousands of people would participate under the supervision of the officials/employees of the HR & CE Department besides Revenue officials and Police officials. Therefore the said two days festival, namely Aadi 18th and Aadi 19th day festivals are important festivals of this temple which would be celebrated in a grandeur manner every year.

(vi) It is further contended in the affidavit that, during Aadi festival, especially on the particular day, the poojari (priest) of the temple would start the festival by breaking coconuts on the heads of 7 persons belonging to 24 Manai Telugu Chettiyar Mumudiyar community and Kurumbar community.

(vii) After breaking Coconuts on the heads of the seven persons belonging to the said communities, the poojari will start breaking the coconuts on the general public/devotees who are sitting in a queue. This practice, according to the petitioners, of breaking coconuts on the head, is a custom for the past several decades.

(viii) In this regard, it is the further case of the petitioners that, while breaking coconut on the heads of the devotees several devotees are sustaining bleeding injury in the head every year. The said act of breaking coconut on the head of the devotees cause serious head injuries which will endanger to the life of the human being, i.e., the devotees who are subjected to that practice.

(ix) Therefore, It is the further contention of the petitioners that, in order to avoid such a practice of breaking the coconut on the heads of the devotees, they wanted an alternative method of performing the said pooja of smashing the coconuts, whereby, according to the petitioners, the coconut can be initially placed on the head of each devotee and thereafter can be smashed or broken at a stone or other method in order to avoid such bodily injury to the devotees.

(x) In this regard, the petitioners claimed that, they had given request to the HR and CE Officials as well as Revenue and Police Officials, even though they made such a suggestion to the temple authorities, according to the petitioners, the temple poojari is objecting t

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