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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
C. Easwaramoorthy – Appellant
Versus
Chief Commissioner, HR & CE Department, Nungambakkam – Respondent
| Table of Content |
|---|
| 1. rights to perform traditional pooja. (Para 1 , 3 , 9) |
| 2. conditions imposed by the forest department. (Para 4 , 5 , 6) |
| 3. historical significance of the temple. (Para 7 , 8 , 10) |
| 4. dispute over customary rights. (Para 11 , 14) |
| 5. court's directive on customary rights application. (Para 12 , 13 , 15 , 16) |
ORDER :
1. The Writ Petition is filed to call for the records relating to the impugned order, dated 01.12.2025, quash the same and consequently, direct the respondents to open the lock at the seventh hill top and to grant permission to stay on top of the seventh hill of Velliangiri temple for 48 days for the conduct of daily Nandha Deepa Pooja and all other poojas and Thirukalyanam every year and thereby, direct the respondents to open the locks of the iron gates of suyambulingam on top of the hills to conduct the pooja by devotees.
2. Heard Mr.M.Marudhachalam, learned Counsel for the petitioner, Mr.K.Karthikeyan, learned Government Advocate (HR & CE) for the respondent Nos.1 and 2, Mr.A.M.Ayyadurai, learned Government Advocate for the third respondent and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the fourth respondent.
3. The learned Cou
Court cannot decide customs under Article 226; it must direct authorities to assess existence of claimed customary rights according to law.
Customary rights to access religious sites must be substantiated and adjudicated by relevant authorities, as per Section 63(e) of the Act, rather than settled in a writ petition.
The court reaffirmed that reasonable access to sacred sites in reserved forests can be allowed, balancing safety concerns with religious practices.
The court affirmed the right to light Karthigai Deepam at Deepathoon, emphasizing communal harmony and overriding state concerns over public order, based on established customary practices.
The temple management has a statutory duty to light the Karthigai Deepam at Deepathoon, confirming their rights over the site and the protection of religious customs as defined in prior judgments.
The Court affirmed that traditional rituals must be conducted collectively, ensuring participation rights while awaiting civil suit outcomes.
Court does not adjudicate on disputes relating to temple customs under Article 226; appropriate remedy lies with the Civil Court.
Mandamus enforces legal rights, not customary or hereditary practices.
Court declines interference with conditional festival permission protecting drinking water source over traditional holy dips.
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