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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice D. Bharatha Chakravarthy, J
Madeswaran – Appellant
Versus
District Collector, Collector Office – Respondent
ORDER :
D. Bharatha Chakravarthy, J.
The Writ Petition is filed for a certiorari calling for the entire records pertaining to the impugned proceedings of the 2nd respondent vide No.Na.Ka.68/2025/A5 dated 21.01.2025 and quash the same.
2. The petitioner is claiming that the temple belongs to three communities. The term 'community' is a sweet coated word used for caste. This Court has already held that the entity called caste cannot be recognised by this Court as the same is against the Constitutional Board and it has also been held to be opposed to be public policy. Perpetuation of caste cannot be permitted. Useful reference in this regard can be made to the order passed by this Court in W.P. No.3838 of 2025.
3. In this case, the learned counsel for the petitioner contends that the temple is a private temple. The temple being worshiped by general public is deemed to be a public temple. The claim that it is a private temple has to be established in the manner known to law. The petitioner has to approach under Section 63 of the Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 or by filing a civil suit.
4. In this case, the application is only pending as on date and there is no
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.
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.
A temple is classified as private if it lacks features of public worship and management rests with a specific community, as established through historical evidence and refusal of public rights.
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
To declare a temple as denominational, it must be established/founded by a denominational community and be in the management and administration of that community. Mere management/administration by a ....
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