IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
Ela. Pandiyarajan – Appellant
Versus
Commissioner Hindu Religious and Charitable Endowment Department – Respondent
WP (Writ Petition)
| Table of Content |
|---|
| 1. petition seeks separate festival day for community. (Para 1 , 2 , 3) |
| 2. court rejects caste-based temple festival claims. (Para 4 , 5) |
| 3. no exclusive rights; equal devotee participation. (Para 6 , 7) |
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.
2. This petition has been filed for a direction, directing the respondents No 1 to 4 herein to allot a separate day / timing for the eptitioner and his community members to conduct the festival at Arulmighu Kamatchi Amman Udanurai Arulmighu Thirunageswarar Swamy Temple Kundrathur by considering the petitioners representation dated 24.03.2026.
3. It is the case of the petitioner that the petitioner's community members wants to allot a separate day/timing to conduct the temple festival conducted during the Tamil Month of Chithirai. In this regard, the petitioner sent a representation on 24.03.2026 to the official respondents, however, the same is pending without consideration till date. Hence, this writ petition.
4. Heard the learned counsel for the petitioner, learned Additional Government Pleader, Government Advocate (Crl.Side) and perused the materials placed on record.
5. At the outset, this Court is unable to comprehend the prayer sought for by this writ petitioner. The petitioner seeks to allot a separate day for the petitioner's community members to conduct the temple festival which in view of this Court is unfortunate. It is relevant to note that in the case of A.Periyasamy @ Neelavanathu Nilavan[Order dated 19.03.2025 made in WP.No.9321 of 2025], wherein, the petitioner belonging to a particular community sought to conduct Thiru Ther Oorvalam on any day in Arulmigu Sri Thulukka Choodamani Amman Temple, whereby, this Court held that with reference to temple festivals etc., any social group of people can claim a particular way of worship, if any and nobody can claim any exclusive right with reference to the administration of the temple or that 'caste' should be given preference on particular days of temple festival. Further, held as follows-
“ 2.The prayer of the petitioner, in this Court's view, is unfortunate. Today's plight of the petitioner is only because of the term called 'caste' and it is so imbibed unknowingly that the petitioner himself is carrying on his head and is seeking a separate day for their case. As a matter of fact, all the members of the said community should endeavour that the thing called 'caste' gets eradicated and evaporates from the society as quickly as possible.
5. ... Every person can only call themselves as a devotee and volunteer to conduct a temple festival and not as a matter of right because they belong to a particular caste. ...”
6. Thus, this Court is also of the view that as held in the above case, with reference to temple festivals etc., any social group of people can claim a particular way of worship, if any and nobody can claim any exclusive right with reference to the administration of the temple or that 'caste' should be given preference on particular days of temple festival.
7. In such view of the matter, this writ petition stands disposed of. No costs. It is made clear that if at all the petitioner makes any donation to the temple, the same be accepted and the petitioner shall participate the temple festival along with the other devotees.
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