IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, S.SOUNTHAR, JJ.
P.B.Rajahamsam - Appellant
Versus
S.Narayanan – Respondent
W.A.Nos.1381 and 1382 of 2022 and W.P.No.13027 of 2021, W.P.No.12955 of 2022 and W.P.No.24729 of 2018 and Cont.P.No.367 of 2020
Decided On : 28-11-2025
JUDGMENT :
S.SOUNTHAR, J.
Heard Mr.Vijaya Narayan, learned Senior Counsel, Mrs.Hema Sampath, learned Senior Counsel, Mr.Srinivasa Raghavan, learned Senior Counsel, Mr.A.K.Sriram, learned Senior Counsel, Mr.P.V.Balasubramaniam, learned Senior Counsel and Mr.K.B.S.Rajan, learned Senior Counsel for M/s.M.V.Swaroop, learned counsel appearing for the appellant in W.A.No.1381 of 2022, petitioner in W.P.No.13027 of 2021 and 5th respondent in W.A.No.1382 of 2022, Mr.R.Palaniandavan and M/s.Varuni Mohan, learned counsel appearing for the appellant in W.A.No.1382 of 2022, petitioner in Cont.P.No.367 of 2020, 5th respondent in W.A.Nos.1381 of 2022 and 11th respondent in W.P.No.13027 of 2021, Mr.G.Rajagopalan, learned Senior Counsel for M/s.Abhinav Parthasarathy, learned counsel for the petitioner in W.P.No.12955 of 2022, 1st respondent in W.A.Nos.1381 and 1382 of 2022 and 4th respondent in W.P.No.13027 of 2021, Mr.B.K.Kannan, learned counsel appearing for the petitioner in W.P.No.24729 of 2018, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader Assisted by Mr.K.Karthikeyan, learned Government Advocate appearing for respondents 2 and 3 in W.A.Nos.1381 and 1382 of 2022, respondents 1 and 2 in W.P.No.12955 of 2022 and 1st respondent, Mr.R.Bharanidharan, learned Standing Counsel appearing for the 4th respondent in 2021 and 3rd respondent in W.P.No.12955 of 2022, Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the 1st respondent in W.P.No.13027 of 2021, Mr.S.Parthasarathy, learned Senior Counsel for Mr.S.Victor Prasath, learned counsel appearing for the 3rd respondent in W.P.No.13027 of 2021 and impleading petitioner in Sub.A.No.305 of 2021, Mr.S.R.Rajagopal, learned Senior Counsel for M/s.N.V.Narayanan, learned counsel appearing for the 5th respondent in W.P.No.13027 of 2021, Mr.N.V.Balaji, learned counsel appearing for the 6th respondent in W.P.No.13027 of 2021, Mr.V.Raghavachari, learned Senior Counsel for M/s.Nittilakshan, learned counsel appearing for the 7th respondent in W.P.No.13027 of 2021, Mr.Sathish Parasaran, learned Senior Counsel for M/s.Rahul Balaji, learned counsel appearing for the respondents 8 and 9 in W.P.No.13027 of 2021, Mr.C.Santhosh Kumar, learned counsel appearing for the 10th respondent in W.P.No.13027 of 2021 and 2nd respondent in Cont.P.No.367 of 2020, M/s. R.Meenal, learned counsel appearing for the 12th respondent in W.P.No.13027 of 2021, Dr.M.A.Venkatakrishnan (Party-in-Person) in W.P.No.13027 of 2021, Mr.B.K.Kannan, learned counsel appearing for the petitioner in W.P.No.24729 of 2018, Mr.K.Hariharan, learned counsel apearing for the 2nd respondent in W.P.No.24729 of 2018, Mr.K.K.A.Ananthalwan (Party- in-Person) in C.M.P.Nos.2094 and 2095 of 2024, Mr.K.V.Babu, learned counsel appearing for the petitioner in C.M.P.No.9449 of 2024, Mr.Rangarajan Narasimhan (Party-in-Person) in W.M.P.No.10147 of 2024, Mr.Prakash Adiapadam, learned counsel appearing for the petitioner in C.M.P.No.10439 and 10445 of 2025 and Mr.T.S.Vijaya Raghavan, learned counsel appearing for the petitioner in W.M.P.No.11037 of 2024 and perused the materials available on record.
(I) Introduction:-
2. The present lis arising out of sectarian dispute between two religious groups called 'Thengalai' (hereinafter referred to as 'Southern Cult’) and Vadagalai (hereinafter referred to as 'Northern Cult'), regarding Ceremonial Worship in famous Temple called 'Sri Devaraja Swamy Temple' at Kancheepuram. The sectarian dispute between Southern and Northern Cults has got a long history of over 200 years. The rights of the respective cults were determined and adjudicated upon by this Court in various decisions. Inspite of the same, the differences between them continued and the present litigations are only the offshoot of earlier litigations. The dispute between Southern Cult and Northern Cult revolves around the duties attached with office (known as Adhiapaka Mirasi) or official performance of certain services to the Deity at the tim

The Writ Court cannot enforce civil court decrees; such rights must be pursued through civil court mechanisms, promoting peaceful coexistence between religious sects.
The fundamental right to freely practice religion under Article 25(1) is protected, and any prohibitory orders lacking natural justice are null and void.
The court upheld the recognized rights of a religious community to perform rituals in a temple and deemed the ongoing civil proceedings as sufficient to adjudicate any disputes regarding those rights....
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.
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