IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.1981 of 2022

Rangarajan Narasimhan ..Petitioner-in-person

Vs

1. The Additional Chief Secretary to Government,

Government of Tamil Nadu,

Secretariat, Chennai - 600 009.

2. The Secretary,

Department of Tourism, Culture and

Religious Endowments,

Secretariat,

Chennai - 600 009.

3. The Commissioner,

Hindu Religious & Charitable Endowments Dept.,

119, Uthamar Gandhi Salai,

Nungambakkam,

Chennai - 600 034.

..Respondents

Prayer: Petition filed under Article 226 of the Constitution of

India praying for a writ of mandamus directing the third

respondent to put up necessary visible sign boards clearly

mandating the dress-code (distinct Sanathana Dharma mark on the

forehead of male/female devotees, dhothi/pyjama-kurta for men

folk and saree/half-saree/salwar kameez for women folk) and

fully covered clothing for children and to put in place checks

and balances to ensure that any person entering into the temple

is a believer of Sanathana Dharma in an effort to prevent

atheists from entering into the Hindu temple.

https://hcservices.ecourts.gov.in/hcservices/

For the Petitioner

: Mr.Rangarajan Narasimhan

Petitioner-in-person

For the Respondents

: Mr.R.Shunmugasundaram

Advocate-General

assisted by

Mr.N.R.R.Arun Natarajan

Spl. Govt. Pleader (HR & CE)

for respondent Nos.2 and 3

: Mr.P.Muthu Kumar

State Government Pleader

for respondent No.1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

This writ petition has been filed by the petitioner,

appearing in person, seeking the following relief:

"For the reasons stated in the affidavit

accompanying prayed that this Hon'ble court may be

pleased to issue a Writ of Mandamus or any other

appropriate Writ, Order or Direction in the nature

of Writ of Mandamus directing the 3rd respondent

to put up necessary visible sign boards clearly

mandating the dress-code (distinct Sanathana

Dharma mark on the forehead of male/female

devotees, dhothi/pyjama-kurta for men folk and

saree/half-saree/salwar kameez for women folk) and

fully covered clothing for children and to put in

place checks and balances to ensure that any

person entering into the temple is a believer of

Sanathana Dharma in an effort to prevent atheists

from entering into the Hindu Temple and pass such

or other orders as this Hon'ble Court may deem fit

to the facts and circumstances of the case and

thus render justice."

2.The petitioner, appearing in person, submitted that a

direction be issued on the third respondent to put up necessary

visible sign boards mandating the dress code (distinct sanathana

dharma mark on the forehead of male/female devotees;

dhothi/phyjama-kurta for men folk and saree/half-saree/salwar

kameez for women folk) and fully covered cloths for children;

and, to put in place the checks and balances to ensure that any

person entering the temple is a believer of sanathana dharma.

3.He further submitted that as per the provisions of the

Hindu Religious and Charitable Endowments Act, 1959 (for short,

https://hcservices.ecourts.gov.in/hcservices/

"the Act of 1959"), only a Hindu can enter the temple. But, in

the absence of dress code, even persons of other religion are

making entry into the temple. The prescription of dress code is

necessary to maintain the sanctity of the temple. Therefore, a

general direction be given to the respondents to put a sign

boards in the temples requiring the dress code to be followed.

The petitioner, appearing in person, has produced certain

photographs to show that in the absence of dress code, the

people are entering into the temple in different dresses.

4.The writ petition has been opposed by learned Advocate-

Genera