Hindu temples are entitled to restrict entry to non-Hindus based on religious practices, aligning with the Temple Entry Authorisation Act, 1947.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to permit the Hindus alone to the Hill Temple Premises and its sub temples and consequently directing the 3rd respondent to display boards to that effect in all entrances based on the representation of the petitioner, dated 26.06.2023.)

The writ petition is filed for writ of mandamus directing the respondents to permit the Hindus alone to the Hilltop Temple premises and its sub-temples and consequently direct the third respondent to display Boards to that effect in all entrances based on the petitioner representation dated 26.06.2023.

2. The facts as stated by the petitioner is that the petitioner is running “Shashti Toy Shop” at Adivaram Pazhani and he is also an organiser of Pazhani Hill Temple Devotee Organisation. Every day he would visits the temple to worship Lord Dhandapani. A few days ago some non-Hindus purchased tickets at the Winch Station in Pazhani to reach the temple hilltop. One Sahul who runs a fruit shop near Pazhani Bus Stand brought his relatives who were wearing burqas and had bought tickets. When the ticket issuing authority had noticed burqas, the authority had retrieved the tickets since they are non-Hindus. But the said Shahul reportedly argued with the employees present in the Winch Station saying that “this is a tourist place. If non-Hindus are not allowed, then you should put up banner, should I get some banners for you from my money”. When the news of the said incident spread, the devotees gathered in the Winch Station and argued in support of the temple employees. Further the devotees condemned the third respondent for failing to put a banner mentioning that non- Hindus were not allowed, which were removed during renovation work for Kumbabishekam of the temple. Following this the third respondent placed the banners at the entrance but removed them again within few hours. It was speculated that the temple authorities were under pressure from some higher authorities to do so. Social media posts from the usual suspects like Atheists and Islamists gave credence to the speculation. Recently, a group of Muslims were found consuming non-vegetarian food inside the Brihadeeswara Temple premises in Thanjavur. Another group was caught eating meet in Hampi Temple complex. A Muslim youngster was arrested after he offered namaz in a Hindu Temple, Uttar Pradesh. The Hindu temples are always treated as places of worship and such reverence to the temples, its place, rituals and practices connected thereto have become part of the Karma Kanda of Hindu theology. By way of analogy, it is well known that near a Muslim Mosque no band or music or amusement could pass, by so as to disturb the peace of the presence of the mosque, no matter whether it is namaz time or not. It is also the practice in mosques not to allow non-Muslims at a particular place of worship inside the mosque. These rules of proprietary, being a matter of Islamic religion are promptly respected by all citizens of India embracing other religions. There are positive indica to hold that if a Hindu Temple is i