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2026 Supreme(Online)(Mad) 30338

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
K.Shanmugam – Appellant
Versus
The District Collector, Pudukkottai District. – Respondent
W.M.P.Crl.(MD)No.491 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.Vasantha Kumar
For the Respondents:Mr.M.Sakthi Kumar (R2 & R4), Government Advocate (Crl.), Mr.M.Muthumanikkam (R1 & R3), Government Advocate (Civil)

No discrimination or prevention from temple participation due to inter-caste marriage; police to ensure equal access per customs.

Headnote:Filed under Article 226 of the Constitution of India seeking mandamus for police protection to participate in temple festival per village customs and action against discrimination due to inter-caste marriage. Petitioner from Chettiyar community jointly managed temple rituals with another family until excommunication post inter-caste marriage in family, demanding purification ceremonies. Court directed no prevention of participation and police facilitation without discrimination. Issues framed around right to temple entry without hindrance and action against discriminatory excommunication. Court observed peaceful coexistence among communities, joint historical temple management per customs, and rejected purification demands, emphasizing equal access. Ratio: No one can be prevented from temple participation based on caste marriage practices. Writ petition disposed directing 4th respondent to act against preventers and ensure facilitation of all devotees' participation without discrimination.

Table of Content
1. petition for police protection against temple entry discrimination post inter-caste marriage. (Para 1 , 2 , 3 , 4)
2. government enquiry directed non-prevention of temple participation. (Para 5)
3. court ensures equal temple access without discrimination via police action. (Para 6 , 7)

ORDER

This petition has been filed seeking for a direction to the respondents 2 and 4 herein to provide adequate police production for the petitioner and his family to enter and participate in Arulmigu Sri Pidari Amman Temple Festival and Mandagapadi without any hindrance by affording temple tax and other hereditary rituals as per the long-standing village custom and tradition and consequently direct the respondents 2 and 4 herein to take immediate action against the 5th respondent and their men for practicing discrimination and excommunicating the petitioner for an inter-caste marriage in his family.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Poruvai Village, Viralimalai Taluk, Pudukkottai District, where approximately 200 families reside. Out of these, about 60 families belong to the Chettiyar community, 30 families belong to the Mutharaiyar community, and the remaining families belong to the Adi Dravidar community. All the communities have coexisted peacefully with unity and harmony for several years.

3. It is further submitted that from the year 1955 to 2000, the petitioner's grandfather, namely Ponnusamy Chettiyar, along with Raman Chettiyar, jointly managed the affairs of the said temple. Thereafter, the petitioner and the 5th respondent have been jointly performing the responsibilities and conducting the temple functions. As per the village custom, when the procession proceeds to Sri Pidari Amman Temple for Kaappu Kattuthal and reaches Sri Siddhi Vinayagar Temple, the 5th respondent is invited first, followed by the petitioner. Similarly, in receiving Vibhuti Prasadam and in the performance of goat sacrifice, first priority is given to the 5th respondent and thereafter to the petitioner, in accordance with generational custom. However, at the conclusion, priority is given to the petitioner when the deity is taken back to the houses.

4. He also submits that the petitioner and the 5th respondent have been paying the electricity charges of Sri Pidari Amman Temple and Sri Siddhi Vinayagar Temple, respectively. While so, the petitioner's brother's daughter married a person belonging to another caste. The 5th respondent thereafter excommunicated the petitioner's family, and also prevented them from participating in the temple festival insisting upon the performance of certain purification ceremonies. Aggrieved by the same, the present petition has been filed.

5. The learned Government Advocate, Mr. Muthumanikkam, appearing for the respondents 1 and 3 submitted that an enquiry was conducted with regard to the aforesaid issue and proper directions have been given to the rival factions that no one should be prevented from participating in the temple festivals.

6. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondent, notice to him is dispensed with.

7. Recording the above, this writ petition is disposed of with a direction to the 4th respondent to take necessary action against any person who prevents any devotee of the temple from participating in the temple festival. It is made clear that no one, including the petitioner's family, shall be prevented from participating in the temple festival. The 4th respondent police shall ensure and facilitate the participation of all persons in the temple festival without any discrimination. Consequently, connected miscellaneous petition is closed.

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