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2025 Supreme(Mad) 3480
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
G.Ganthi ... Petitioner
Vs
The Revenue Divisional Officer - Respondent
W.P.Nos.19128 and 21769 of 2023 and W.M.P.Nos.18385 and 21115 of 2023
Decided on : 20-02-2025
Advocate Appeared:
For the Appellant : Mr.G.Karthikeyan Ms.A.Jagadeeswari
For the Respondent:Mr.P.Balathandayutham, Special Government Pleader (for R1) Mr. K.M.D.Muhilan, Government Advocate (Crl. Side) (for R2)
Important Points
Subject
Constitutional Law - Fundamental Rights
Act Referred
INDIAN PENAL CODE : S.147, S.148, S.153(a)(2), S.294(b), S.323, S.324, S.341, S.354, S.504, S.506(1)
SCHEDULED CASTES AND SCHEDULED TRIBES PROTECTION OF ATROCITIES ACT : S.3(1)(r), S.3(1)(s), S.3(1)(w)(i), S.3(1)(za)(c), S.3(2)(va)
HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT : S.49(1)
Headnote
(B) Constitutional Law - Article 25 - Right to freely practice religion - The court reiterated that the right to enter a temple for worship is inherent to the nature of the institution and cannot be restricted by custom or usage. (Paras 9, 10)
(C) Caste Discrimination - The court condemned the persistence of caste-based discrimination in temple access, asserting that the Constitution aims for a casteless society and that any perpetuation of caste is unconstitutional. (Paras 11, 12)
Facts of the case:
The petitioners challenged an order restricting access to a temple following communal disputes during a festival. The temple is dedicated to a particular community but has been historically open to all. The court noted ongoing law and order issues stemming from the disputes. (Paras 2, 4, 6)
Findings of Court:
The court found that the impugned order was unconstitutional and quashed it, directing that all individuals, regardless of community, be allowed to worship at the temple. (Paras 16)
Issues: The main issues included the legality of restricting access to the temple based on community affiliation and the implications for fundamental rights. (Paras 9, 10)
Ratio Decidendi: The court reasoned that the right to worship in a public temple is a fundamental right that cannot be curtailed by community-based restrictions, emphasizing the need for inclusivity in religious practices. (Paras 9, 10)
Result: Writ Petitions allowed; impugned order quashed.
ORDER :
Both the Writ Petitions have been filed challenging the very same order passed by the first respondent under Section 145 of Cr.P.C ., dated 07.06.2023 and as such, this Court passed a common order.
2. The Temple, viz., Arulmigu Draupathi Amman Thirukovil (hereinafter referred to as 'the Temple' for short), is situated at Melpathi Village, Villupuram Taluk and District. The case of the petitioners is that the Temple is dedicated to the worship of a particular community and it was established and constructed by the members belonging to that particular community. It is situated in R.S.No.65/2 and R.S.65/3 of Melpathi Village, Villupuram District, owned by the people of that particular community. Therefore, it is a denominational Temple and its administrators, viz., the Trustees, are elected by the people of that particular community. It is an ancient Temple and has been governed by the people of that particular community for more than 100 years. The daily Poojas and festivals on special occasions are conducted by the people of that particular community and the contributions will be collected from the said community people. Further, the deity of the Temple is also considered to be the family deity of that particular community.
3. While that being so, during the festival called "Theemithi Thiruvizha", which was held on 07.04.2023, a dispute arose between two community people, resulting in the registration of FIRs in Crime Nos. 178 and 179 of 2023 for the offences under Sections 147, 148, 294(b), 341, 323, 324, 354, 153A(2), 504, and 506(1) of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(I), 3(1)(za)(C), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and for the offences under Sections 147, 354, 354A, 509, 153A(2), and 506(i) of IPC and Section 4 of the TNPHW, 2002, respectively. However, according to the petitioner, the said incidents are in no way connected to the Temple festival and it is an individual dispute. However, the fourth respondent issued a notice, thereby directing the Trustees of the Temple to hand over the charge of the Temple, relying upon the order passed by the third respondent dated 11.04.2023, thereby appointing the fourth respondent as a fit person for the Temple as contemplated under Section 49(1) of the Hindu Religious and Charitable Endowments Act . However, it was set aside by this Court in W.P.No.13531 of 2023 on the ground that no notice was served to the existing Trustees. Pursuant to the registration of the First Information Report, no one is allowed to enter the Temple, since there is a communal dispute.
4. Therefore, the complaint was referred for initiation of proceedings under Section 145 of Cr.P.C . before the first respondent. The first respondent conducted an enquiry between A party and B party, in which both the petitioners belong to A party and passed an order on 07.06.2023. The first respondent concluded that there is a law and order issue since there is a dispute between two community people. Pursuant to the same, there are five criminal cases registered in Crime Nos. 177, 178, 179, 237, and 238 of 2023, while celebrating the festival for the Temple. Therefore, until further orders, no one is permitted to enter the Temple, failing which action will be taken against the violators.
5. The learned counsel for the respective petitioners would submit that the Temple is a denominational one and belongs to a particular community, though all general public are allowed to worship the deity of the Temple. Further, the contention of the petitioners is that the daily Poojas are to be conducted for the Temple, since it involves the sentiment/belief of all the local villagers. Considering the above contention, this Court passed an interim order dated 18.03.2024, directing the Joint Commissioner, HR & CE Department to utilize the service of a Pujari who will perform the Poojas for the Temple, and the Temple will be opened only to enable the Pujari to enter into the Temple to perform the daily Pooja
