IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2025 CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8211 of 2025 M.BHARATH ... Petitioner Vs

1. THE REVENUE DIVISIONAL OFFICER, OFFICE OF REVENUE DIVISIONAL OFFICER, THIRUCHENGODE, NAMAKKAL DISTRICT.

2. THE EXECUTIVE OFFICER, ARULMIGU PRASANNA VENKATRAMANASWAMY TEMPLE, PANDAMANGALAM VILLAGE, PARAMATHIVELUR TALUK, NAMAKKAL DISTRICT.

3. THE SUB INSPECTOR OF POLICE, JEDARPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

4. E.N.MADHESWARAN ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first and second respondents to grant permission to conduct Masi Festival of Arulmigu Mahamariyamman Temple existing at Jameen Elampalli Village, Paramathi Velur Taluk, Namakkal District from 11.03.2025 to 20.03.2025 as per the peace committee meeting decision dated 11.03.2024 by considering the representation of the petitioner dated 04.03.2025.

For Petitioner : Mr.R.Nalliyappan For R1 : Mr.R.Murthi Government Advocate For R4 : Mr.Ma.Pa.Thangavel

ORDER

This writ petition is filed for a writ of mandamus, directing the respondents 1 and 2 to grant permission to conduct the Masi Festival at Arulmigu Mahamariyamman Temple existing at Jameen Elampalli Village, Paramathi Velur Taluk, Namakkal District, from 11.03.2025 to 20.03.2025 as per the peace committee meeting decision dated 11.03.2024, by considering the petitioner’s representation dated 04.03.2025.

2. Upon hearing the learned counsel on both sides and perusing the material records of the case, the factual background in which the writ petition seems to arise is that the Arulmigu Mahamariyamman Temple exists in Jameen Elampalli Village. It is stated that, as per the annual practice, starting from the last Tuesday of the Tamil month of Masi, a floral ceremony and the raising of a pole (g{ rhl;lg;gl;L fk;gk; elg;gl;L) - 15 days festival is to be conducted. It is seen that instead of following the path of faith, people are carrying their caste identities on their sleeves leading to disputes. In this context, a peace committee meeting is being conducted every year, where the authorities attempt to negotiate between castes and ensure the festival is conducted peacefully. In this regard, it is stated that on 07.03.2025, a peace committee meeting was conducted and it was agreed that the same method followed for years would continue for this year also with one date allocated to each caste. It is also stated that the cultural festivals will be equally distributed.

3. The learned counsel appearing on behalf of the petitioner would submit that the petitioner and his caste members are not at fault and are willing to abide by the traditional customs of the village.

4. The learned counsel taking notice for the the fourth respondent submits that their caste is not at fault and it is only the petitioner who claim that the festival should be conducted under their leadership.

5. This Court has already held in W.P.No.3838 of 2025 that castes are not religious denominations. Each social group has the right to worship the deity in their customary way. They should not prevent other groups from doing the same. The authorities of the temple, namely the Executive Officer and the HR & CE Department, shall conduct the festival under their leadership in a secular manner, ensuring it is common to all castes. Each and every group will be entitled to peacefully participate and worship the deity in their own customary manner. They must not interfere with the worship of others. The peace committee meeting need not be conducted every year. When people, without realizing the words of Swami Vivekananda — that religion is ultimately for the cleansing of one’s soul and the soul does not know 'caste' indulge in fights, the same need not be perpetuated by the department. There is no question of cutting a cake and giving a piece of cake to each of the caste. There can be no caste discrimination