Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
G.Ganthi – Appellant
Versus
Revenue Divisional Officer – Respondent
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 b
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.
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.
Caste-based restrictions in the appointment of priests violate constitutional rights to equality and must align with qualifications, not caste.
Closure of a temple without just cause violates the fundamental right to religious practice under Article 25 of the Constitution, emphasizing protection of rituals and religious freedom.
The entry of non-Hindus into Hindu temples can be permitted if sanctioned by temple authorities, emphasizing the role of customs and the authority of the Thanthri while upholding the statutory provis....
The court emphasized that caste discrimination violates constitutional rights, mandating equal access to worship and festivals for all communities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
