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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. BHARATHA CHAKRAVARTHY
South Indian Senguntha Mahajana Sangam – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. These three writ petitions are filed for different prayers under various circumstances. However, they are considered together and addressed in this common order for the following reasons.
2. W.P. No. 4563 of 2025 is filed by a society registered under the Tamil Nadu Societies Registration Act, 1975. The name of the society is clear; it represents the members of a particular caste. The Memorandum of Association explicitly states its objective as follows :
“3. Objects: The Object of the Sangam shall be the upliftment of the Sengunthar Community Means:- This object shall be secured by (a) organising associations of Sengunthar Community in each and every locality where Sengunthar resides to elevate the community through these associations;
(b) Gathering and consolidating from time to time the opinions of such associations on important question relating to the community and promising communal sympathy, co-operation and solidarity among Sengunthars through such associations;
(c) Arranging for lectures and publishing pamphlets of an educative and propagandist value;
(d) promoting interest marriages among Sengunthars residing at various places and of different groups at the same place
Caste-based societies and educational institutions must renounce caste names and restrict membership, aligning with constitutional principles promoting equality and social justice.
The provisions of Section 44(8) of the Tamil Nadu Societies Registration Act 1975, introduced later, cannot be applied retrospectively.
The main legal point established in the judgment is that a person migrating from one state to another does not carry their caste status to the migrating state, even if the same caste is recognized as....
Article 348(1)(b) of Constitution under Chapter III provides as authoritative text of all Acts passed by Parliament or Legislature of a State.
The Court affirmed the right to membership in a society under the Karnataka Societies Registration Act and clarified the broad writ jurisdiction of the High Court to enforce statutory duties.
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
Article 25 of the Constitution guarantees freedom of conscience, including the right to declare non-belief in any religion, but requires quantifiable evidence for public interest claims.
Caste cannot claim ownership of a temple as it is deemed public unless declared private; only distinct religious groups qualify as denominations under constitutional protections.
The court affirmed that access to public temples cannot be restricted based on caste or community, emphasizing the fundamental right to worship under Article 25 of the Constitution.
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