High Court · 2025

W.P.No.9321 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.03.2025CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.9321 of 2025A.Periyasamy @ Neelavanathu Nilavan.. PetitionerVersus1. The Commissioner, Office of the Commissioner, HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.2. The Joint Commissioner, Office of the Joint Commissioner, HR & CE Department, Erode - 639 009.3. Assistant Commissioner, HR & CE Department, Room No.215, First Floor, Collectorate, Government Offices Additional Buildings, Namakkal - 637 003.1/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 20254. The District Collector, 1st Floor, Main Building, District Collectorate, Tiruchengode Road, Namakkal - 637 003.5. The Revenue Divisional Officer, 1st Floor, Collectorate, Tiruchengode Road, Namakkal - 637 003.6. The Tahsildar, Tahsildar Office, Rasipuram - 637 408.7. The Executive Officer, Sri Thulukka Choodamani Amman, Pudupetti, Rasipuram, Namakkal - 637 407... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus to direct the respondents 1 to 7 to permit Adi Dravidar community (Scheduled Caste) people to participate and to conduct the Thiru Ther Oorvalam on any day in Arulmigu Sri Thulukka Choodamani Amman Temple festival starting from 06.04.2025 situated at Pudhupetti village, Rasipuram, Namakkal district based on the petitioner's 2/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025representation, dated 15.02.2025 and consequently, direct the respondent Nos.1 to 7 to consider the petitioner representation, dated 15.02.2025.For Petitioner: Mr.A.RahulFor Respondents: Mr.N.R.R.Arun Natarajan, Special Government Pleader, for RR-1 to 3 and 7: Mr.S.Senthil Murugan, Special Government Pleader, for R4 : Mr.R.Murthi, Government Advocate, for RR-5 and 6ORDERThis Writ Petition is filed for a Writ of Mandamus directing the respondent Nos.1 to 7 to permit Adi Dravidar community (Scheduled Caste people) to conduct the Thiru Ther Oorvalam on any day in Arulmigu Sri Thulukka Choodamani Amman temple starting from 06.04.2025 situated at Pudhupati village, Rasipuram, Namakkal district based on the petitioner's representation, dated 15.02.2025 and to consequently, direct the respondent 3/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025Nos.1 to 7 to consider the petitioner's representation, dated 15.02.2025.2. 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 caste. 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. Be that as it may, it can be seen that the respondent Nos.1 to 3, being the authorities of the State, have permitted the temple festival to be conducted by each caste people on a day. The said action, in the view of this Court, cannot stand scrutiny of law. This Court, already, vide order, dated 17.02.2025 in W.P.No.5200 of 2025, 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 4/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025particular days of the temple festival. The impugned action, allotting the temple festival to each caste on one day, has to be avoided at any cost. In this case, it is alleged that the same is also printed in the invitation/notice.3. As a matter of fact, a Division Bench of this Court in K.P.Selvaraj Vs. The Commissioner, Hindu Religious Charitable Endowments Department and Ors. in W.P.(MD).No.1697 of 2025, in paragraph Nos.30 and 31, held as follows:-"30. At the same time, merely directing the inclusion of the Adidravidar community's name in place of the term "Oorar" on the first day of the festival 19 discrimination" may not necessarily lead to meaningful participation by Scheduled Caste individuals. The core issue is not just nomenclature but ensuring their substantive inclusion in the festival proceedings. The 3rd Respondent has argued that other communities residing in the area may also come forward with similar demands, implying that he represents their interests. However, as evident from the peace committee meeting held in 2009, it is specifically the Scheduled Caste community that has consistently raised grievances about their exclusion from the invitation. This longstanding concern cannot be dismissed as a mere request for symbolic representation but must be addressed to ensure genuine participation and equality in the festival. 5/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025 31. We are of the considered opinion that temple festivals should be inclusive and celebrated by all people belonging to the Hindu religion, which, by definition, includes Scheduled Caste individuals as well. The practice of listing specific caste names in the temple invitation solely on the basis of financial contributions is unwarranted, especially when the exclusion of Scheduled Caste individuals is justified on the ground that they have not made monetary contributions. It is unnecessary to name either donors or sponsors in the invitation for the Perunthiruvizha (the festival conducted during the Tamil month of Panguni) at the Amman temple. Therefore, from the forthcoming years, the 3rd Respondent, the Executive Officer of the temple, shall prepare the invitation that includes details of the various festival events but exclude printing the names of different caste and communities on the invitation. If needed, the temple administration may send individual acknowledgments to donors in appreciation of their contributions. However, the invitation must state that the events are collectively sponsored by all the people of Pattukkottai, without any special mention of caste identities."4. It is now brought to the notice of this Court by the learned Special Government Pleader (HR & CE) for the respondent Nos.1 to 3 and 7 that a circular was also issued on 05.03.2025 by the Commissioner and the relevant portion is extracted hereunder:-"j";rht{h; khtl;lk;. gl;Lf;nfhl;il efh; kw;Wk; tl;lk;. mUs;kpF ehoak;kd; jpUf;nfhapypd; 6/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025jpUtpHh miHg;gpjHpy; "Cuhh;" vd;gjw;F gjpy; "Mjp jpuhtplh;" vd;w bgaiu gad;gLj;j mDkjp tH';Fjy; bjhlh;ghf bjhlug;gl;l ePjpg;nguhiz tHf;fpy; ghh;itapy; fhQqk; cj;jputpd; K:yk; fPH;fhQqk; bewpKiwfSld; cj;jut[ gpwg;gpf;fg;gl;Ls;sJ/A. nfhapy; jpUtpHhf;fs; ,e;J kjj;ijr; nrh;e;j midj;J kf;fisa[k; cs;slf;fpajhf bfhz;lhlg;gl ntz;Lk;/B. tUk; Mz;Lfspy; gy;ntW tpHh epfHt[fspd; tptu';fis cs;slf;fpa miHg;gpjiHj; jahhpf;Fk; rkaj;jpy;. miHg;gpjHpy; btt;ntW rhjp kw;Wk; rK:f';fspd; bgah;fis mr;rpLtijj; jtph;f;f ntz;Lk;/C. njitg;gl;lhy; nfhapy; eph;thfk; ed;bfhilahsh;fSf;F mth;fspd; g';fspg;g[fisg; ghuhl;o jdpg;gl;l xg;g[jy;fis mDg;gyhk;/D. miHg;gpjHpy; rhjp milahs';fs; Fwpj;J ve;j rpwg;g[f; Fwpg;g[k; ,y;yhky; midtUk; Tl;lhf epjpa[jtp bra;fpd;wdh; vd;gijf; Fwpg;gpl ntz;Lk;/2/ vdnt nkw;fhQqk; tHpfhl;L bewpKiwfis jpUf;nfhapy;fspd; jpUtpHhf;fspy; fz;og;ghf eilKiwg;gLj;jntz;Lk; vd;Wk;. chpa rl;l tpjpfspd;goa[k; me;je;j jpUf;nfhapypd; gHf;ftHf;fj;jpw;F cl;gl;Lk; epfH;r;rpfs; elj;jg;glntz;Lk; vdt[k; Kfthpapy; 7/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025fhQqk; mYtyh;fisf; nfl;Lf;bfhs;sg;gLfpwJ/ ,jpy; VnjDk; gpwH;t[ Vw;god;. bjhlh;g[ila egh;fs; kPJ chpa eltof;if vLf;fg;gLk;/"It is also further submitted that pursuant thereto, a new invitation/notice is also printed which only mentions the name as 'ubayadharars' without reference to caste. 5. Therefore, as pointed out by the Division Bench in letter that now, the caste difference stands excluded. What is to be done is that the same has to be done in spirit also. 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. Therefore, from the next year onwards, without reference to any caste, any devotee or group of devotees approaching, the festivals may be allotted and it should always be mentioned that it is done by 'ubayadharargal' or 'oor pothumakkal', as the case may be. As indicated by the Division Bench, for the individual 'ubayadharars', a separate letter of appreciation can be written to them. Even in that letter, the 8/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025name should be printed out without reference to the caste.6. The contention of the learned Special Government Pleader that as early as in the year 1961, a scheme has been framed by the Deputy Commissioner, earmarking the festival for each of the caste, cannot be countenanced by this Court as this Court has already held that perpetration of caste is unconstitutional and no claim can be entertained with reference to temple on the basis of the caste.7. In view thereof, this Writ Petition is disposed of. There shall be no order as to costs. 19.03.2025Neutral Citation: yesgrsTo9/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 20251. The Commissioner, Office of the Commissioner, HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.2. The Joint Commissioner, Office of the Joint Commissioner, HR & CE Department, Erode - 639 009.3. The Assistant Commissioner, HR & CE Department, Room No.215, First Floor, Collectorate, Government Offices Additional Buildings, Namakkal - 637 003.4. The District Collector, 1st Floor, Main Building, District Collectorate, Tiruchengode Road, Namakkal - 637 003.5. The Revenue Divisional Officer, 1st Floor, Collectorate, Tiruchengode Road,10/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025 Namakkal - 637 003.6. The Tahsildar, Tahsildar Office, Rasipuram - 637 408.7. The Executive Officer, Sri Thulukka Choodamani Amman, Pudupetti, Rasipuram, Namakkal - 637 407.11/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025D.BHARATHA CHAKRAVARTHY, J.grs W.P.No.9321 of 202519.03.202512/13 https://www.mhc.tn.gov.in/judis W.P.No.9321 of 2025 13/13