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2026 Supreme(Online)(Mad) 29471
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
E.Kuppannan – Appellant
Versus
The Commissioner Hindu Religious & Charitable Endowments Board – Respondent
PETITION under Article 226 of The Constitution of India
For the Appellants/Petitioners: Mr.P.Vijendran
For the Respondents: Mr.S.Ravichandran, AGP for R1 to R3, Mr.V.Meghanathan, GA (Crl.Side) for R4
Mandamus directs HR&CE to ensure inclusive temple Pongal festival for all communities.
Headnote:Article 226 of the Constitution of India enables issuance of writ of mandamus for administrative directions. Petitioner, a devotee from scheduled caste, sought protection to conduct Pongal festival at temple under HR&CE Department, citing prior judgments on temple access. Court found representation valid and directed arrangements for public participation. Issues framed as need for equal festival access despite community obstructions. Ratio emphasizes authorities' duty to ensure inclusive temple events relying on precedents mandating protection. Writ petition disposed directing consideration of representation and festival arrangements.
| Table of Content |
|---|
| 1. petition seeks mandamus for temple festival arrangements. (Para 1) |
| 2. hearing conducted; notice dispensed for fifth respondent. (Para 2) |
| 3. petitioner alleges caste-based temple entry obstruction. (Para 3) |
| 4. hr&ce communication supports public festival access. (Para 4) |
ORDER
This is a petition filed by the petitioner seeking a direction to the first respondent to consider his representation dated 26.2.2026 for making necessary arrangements to perform pongal festival to Thoppapatti Periyamariyamman Temple, Namakkal on par with others in view of the judgments of this Court in the case of Board of Trustees, Pottai Mariamman Temple Vs. Revenue Divisional Officer-cum-Executive Magistrate, Kallakurichi [reported in 2010 (4) MLJ 1077] and in the case of Selvaraj Vs. District Collector, Kanchipuram [reported in 2025 Supreme (OnLine) (Madras) 55578].
2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader accepting notice for respondents 1 to 3 and the learned Government Advocate (Criminal Side) accepting notice for the fourth respondent. In view of the limited nature of the relief this Court proposes to grant, notice to the fifth respondent is dispensed with and the writ petition itself is taken up for final disposal.
3. The case of the petitioner is as follows:
(i) The petitioner claims to be a devotee of Periyamariyamman Temple, Thoppapatti Village and Post, Rasipuram Taluk, Namakkal District. The said temple comes under the High Religious and Charitable Endowments Department. The petitioner also claims to be belonging to a scheduled caste community whereas the fifth respondent belongs to backward community.
(ii) The fifth respondent along with others are preventing the scheduled caste people entering into the said temple and conducting pongal festival. Despite giving several complaints by a third party, no effective steps were taken to redress the grievance of the persons like the petitioner. The petitioner has been giving representations every year seeking for protection. Even for this year, the pongal festival is proposed to be conducted on 09.4.2026. Hence, seeking protection to conduct the festival, the petitioner sent a representation dated 26.2.2026. As it did not evoke any response, the petitioner is before this Court.
3. When the matter is taken up for hearing, the learned Additional Government Pleader appearing for respondents 1 to 3 has produced a communication dated 01.4.2026 i.e. yesterday issued by the Executive Officer of the temple to the Special Government Pleader, HR & CE Department, High Court, Chennai with a copy to the Assistant Commissioner, HR & CE Department, Namakkal requesting to issue suitable directions to make arrangements to perform pongal festival in the said temple by all the general public on par with other temples. This is recorded.
4. In the light of the above, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 26.2.2026, make arrangements to perform pongal festival on 09.4.2026 to Thoppapatti Periyamariyamman Temple, by all the general public including the petitioner and pass appropriate orders at the earliest. No costs.
