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2025 Supreme(Mad) 5538

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J.
Selvaraj - Petitioner
Versus
The District Collector, District Collectorate, Kancheepuram - Respondent
W.P. No.33759 of 2025 and WMP. No.37883 & 37885 of 2025
Decided On : 07-11-2025

Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Kumaraswamy, Mr.D.Parventhan
For the Respondent: Mr.M.Murali, Mr.L.Baskaran, Mr.N.R.R.Arun Natarajan,
Mr.G.Karthikeyan, Ms.A.Jagadeeswari, Mr.R.Thirumoorthi

The court emphasized that caste discrimination violates constitutional rights, mandating equal access to worship and festivals for all communities.

Headnote:(A) Constitution of India - Article 17 - Writ of Mandamus to permit Scheduled Caste community members to enter temple, worship, and partake in temple festivals - Allegations of caste discrimination by upper caste individuals against Dalit community members were made; the court recorded no bar against such participation exists under the law. (Paras 11 and 16)

(B) Freedom of Religion - The right to worship without caste discrimination enshrined in the Constitution - Practice and customs of temple procession routes must adapt to modern equality principles, not remain stagnant against growing social norms. (Paras 12, 13, and 16)

Facts of the case:
The petitioner claimed discrimination from the temple management preventing access for Scheduled Caste members. Despite prior representations and complaints, the issue persisted. The District Collector confirmed the feasibility of integrating an alternative procession route including the Dalit Colony while maintaining temple traditions.

Findings of Court:
The court agreed with the District Collector's findings that changes in the procession route were feasible and that there should be no restrictions on worship or participation based on caste.

Issues: Whether Scheduled Caste community members are allowed temple access and the feasibility of changing the procession route to include the Dalit Colony.

Ratio Decidendi: The court underscored that caste discrimination was impermissible under Article 17 of the Constitution, emphasizing the need to accommodate evolving social dynamics within traditional practices.

Result: Writ Petition allowed with directions for non-discrimination and implementation of the proposed integrated route.

Table of Content
1. caste discrimination persists in temple access. (Para 3 , 4 , 6)
2. legal rights under the constitution mandate equal worship access. (Para 12 , 13 , 16)

ORDER :

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents 1, 3 and 4 and other caste Hindus to permit the petitioner and the petitioner’s community people to enter into the Temple viz., Muthu Kolakki Amman situated at Puthagaram Village, permit them to do worship and participate in the other ritual activities and also permit them to participate in the Car Festival, by allowing the Temple Car to come till the Dalit Colony, during its trial run and also during the main run.

2. I have heard Mr.S.Kumaraswamy, learned counsel for Mr.D.Pariventhan, the petitioner and Mr.M.Murali, learned Government Advocate for respondents 1 and 4. Mr.L.Baskaran, learned Government Advocate for respondents 2 and 5. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for third respondent and Mr.G.Karthikeyan, learned Senior Counsel for respondents 6 to 8. Mr.R.Thirumoorthy, learned counsel for the 9th respondent.

3. Mr.S.Kumaraswamy, learned counsel for the petitioner would firstly contend that the petitioner belongs to the Schedule Caste Community and has been a resident of Puthagaram village ever since his birth. Muthukolakkiamman Temple is situate in the said village and the said temple owns several acres in and around the village. The allegation of the petitioner is that there has been resistance by the Upper Caste people against the people from the downtrodden sections of the Society and in the past, there have been various complaints and representations including Peace Committee Meetings, to even permit the Dalit Community persons to enter into the Temple. Mr.S.Kumaraswamy, learned counsel for the petitioner would further state that though the Temple is under the control of the Hindu Religious and Charitable Endowment Department (in short ‘HR & CE’), discrimination continues even now and the caste Hindus have taken law into their own hands and not permitting the Schedule Caste people belonging to Puthagaram village to even worship the deity.

4. According to the petitioner, in the first week of September 2025, the Temple Car Festival was announced and the people belonging to the Schedule Caste community were prevented from participating in the festivities, which prompted several representations to be given to the District Administration. In pursuance of the same, a Peace Committee Meeting was also conducted. In the said Peace Committee Meeting, the respondents 6 to 8 claiming to be representatives of the Upper Caste community were adamant in not permitting the Schedule Caste community people to conduct the Car festival. The learned counsel for the petitioner, would submit that despite the Constitution of India guaranteeing freedom of religion and strongly condemns untouchability and inequality, the respondents 6 to 8 have successfully prevented the residents of the Dalit Colony from worshipping the deity and also participating in the Temple Car festival. According to the petitioner, despite representations given to the Authorities concerned, they have not protected the right of the petitioner and the Schedule Caste community people and hence, with no other option, the petitioner has been constrained to file the present writ petition.

5. I find that by order dated 04.09.2025, this Court had directed the respondents to permit the petitioner and other devotees to worship the deity and also a field inspection to be conducted and a report along with plan for the Temple Car procession route being filed.

6. In compliance with the order dated 04.09.2025, the District Collector, Kancheepuram has filed a status report dated 12.09.2025. On the side of the statutory respondents, it is contended by the respective Government Advocates that there is no prohibition for the petitioner and the other Scheduled Caste community people to either ent

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