'Can't Restrain A Person From Performing Religious Duties': Madras HC Asks HR&CE Dept To Conduct Temple Festival Including People Of All Castes

Justice B Pugalendhi further directed the Tahsildar to ascertain if any issue of untouchability prevailed in the Village and submit a report to the District Collector for taking appropriate action. The court also stressed that no person or any group could restrain a person from performing his religious duties which was a right guaranteed under the constitution.

“Even after 75 years of independence, if this state of affairs prevails on account of community in the village, it needs to be addressed and prevented. No person nor any group can restrain a person from performing his religious duties and it is the right guaranteed under the Constitution,” the court said.

The court added that the temple was a public temple and the HR&CE had every right to interfere with the affairs of the temple. The court thus directed the department to appoint a fit person and take appropriate action after ascertaining the report of the Tahsildar.

Pandiarajan, belonging to the Scheduled Caste community had approached the court saying that they had been excommunicated from participating in the temple festival of Arulmighu Chelliyaramman Temple.

Pandiarajan informed the court that people belonging to the Maravar community in the village were not permitting people from the Scheduled caste community to participate in the temple festival and were preventing them from taking the mulaippari. It was also submitted that they were not even collecting tax from the scheduled caste community members for the temple festival.

It was informed that Pandiarajan had already approached the Tahsildar in this regard and a peace committee meeting was conducted in the presence of the Deputy Superintendent of Police, Inspector of Police, Village Administrative officer, and HR&CE Department Inspector and a resolution was taken that the festival will be performed as per the advice of the HR&CE Department. It was also decided that no community was entitled to conduct the festival by collecting tax separately. Pandiarajan however claimed that even after this resolution, the caste Hindus were not allowing them to participate in the temple festival.

The court thus directed the department to conduct the festival and take appropriate actions.

Counsel for the Petitioner: Mr.B.Anandan

Counsel for the Respondent: Mr.G.V.Vairam Santhosh Additional Government Pleader, Mr.P.Subba Raj Special Government Pleader

Citation: 2023 LiveLaw (Mad) 407

Case Title: Pandiarajan C v The District Collector and Others

Case No: W.P(MD)No.30303 of 2023