High Court · 2025

W.P.No.28493 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.10.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.P.No.28493 of 2022andW.M.P.Nos.27801, 27805 & 27806 of 2025Arulmigu Pujakesvarar Sendrayaperumal and Mariammam Temples,Morur Village and Post, Sankari Taluk,Salem District,Represented by its Trustee,Mr.Natesan... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – 600 014.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem,3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem – 636 001.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 3rd respondent dated 20.10.2022 in Na.Ka.No.7028/2022/A2 and quash the same, Page No.1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022consequently direct the 3rd respondent herein or others not to interfere with the peaceful administration of the Arulmigu Pujakeswarar, Sendrayaperumal and Mariammam Temples existing at Morur Village, Sankari Taluk, Salem District administering by the Board of Trustees as per the Scheme framed under OA.No.3 of 1991 dated 17.09.1991 on the file of Deputy Commissioner HR & CE Administration Department, Salem – 8.For Petitioner:Mr.R.NalliyappanFor Respondents:Mr.K.KarthikeyanGovernment Advocate*****ORDERThis Writ Petition has been filed by the petitioner seeks a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 3rd respondent dated 20.10.2022 in Na.Ka.No.7028/2022/A2 and quash the same, and consequently, to direct the 3rd respondent herein or others not to interfere with the peaceful administration of the Arulmigu Pujakeswarar, Sendrayaperumal and Mariammam Temples existing at Morur Village, Sankari Taluk, Salem District administering by the Board of Trustees as per the Scheme framed under OA.No.3 of 1991 dated 17.09.1991 on the file of Deputy Commissioner HR & CE Administration Department, Salem – 8.Page No.2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 20222. Even after seven decades of gaining independence from oppression forces and various steps taken by the Governments, both at the Centre and the State, in improving the literacy rate of the citizens of this country and enlightment of the masses by various leaders about the ills of caste, it is unfortunate that caste discrimination is sought to be shown even at temples, where everyone is equal before the Lord Almighty.3. The petitioner claiming to be the trustee of Arulmigu Pujakesvarar, Sendrayaperumal and Mariamman Temples at Salem District, has filed this writ petition aggrieved by the permission granted by the 3rd respondent to one Govindarajan of the same locality to perform his marriage at the temple. According to the petitioner, the above mentioned temples were established by the members of Morur Kannakula Nattu Vellala Gounder community and the same is maintained by them. The administration of the said temples is done by the members of the said community as per the Scheme framed in O.A.No.3/91 dated 17.09.1991.Page No.3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 20224. According to the petitioner, though there was a request made by the members of the village to grant permission to perform marriages in the temple, the said request was rejected on the ground that there is no sufficient space inside the temple to perform a marriage. It is stated in the affidavit that newly wedded couples, after their marriage elsewhere, would visit the diety of the temples first to seek blessings. After pandemic in 2019, restrictions were followed, like, maintaining social distances and till date, the temple is maintained in such a way that no big gathering is allowed instide the temple. Whileso, the 3rd respondent has passed the impugned order, wherein the said Govindarajan belonging to the same village was permitted to perform his marriage inside the temple and the temple authorities were requested to do the needful. Aggrieved by the same, the present writ petition is filed.5. The 3rd respondent has filed a counter affidavit, wherein the scheme issued for the administration of the temple is admitted. However, it is pointed out that no trustees have been appointed as trustee on the date of filing the counter affidavit. Though a scheme was published as early as in the year 2013, till the year 2022, temple has not taken any Page No.4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022steps to appoint trustees. Only during April, 2022, the applications were invited for appointment of trustees and nine applications have been received. The counter affidavit further proceeds to state that the petitioner is one such applicant and the petitioner is not a trustee as he has described in the writ petition. It is clearly stated in the counter affidavit that the petitioner, without any authority, had taken a decision not to allow any marriage inside the temple premises. The petitioner has filed objections before the 3rd respondent for not allowing the marriage. The petitioner has given a statement before the Inspector, HR & CE Department, wherein, he has stated that he has not uttered any words about the caste of the person, who requested for performing the marriage. The petitioner has reiterated the averments in the affidavit filed in support of this writ petition that due to lack of space alone such a request was not permitted.6. Heard both sides and perused the materials available on record.7. The learned counsel appearing for the petitioner vehemently denied that there is any caste angle for objecting the performance of marriage inside temple. He has stated that the only reason for not Page No.5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022allowing the marriage inside the temple is due to lack of space inside the temple. He fairly submitted that even the members belonging to Morur Kannakula Nattu Vellala Gounder community are also not allowed to perform marriage inside the temple and everyone was treated equally and there was no bias on the basis of caste or economic condition.8. The learned Government Advocate appearing for the respondents submitted that the temple is under the control of HR & CE Department. The said community members were given only the power to appoint the trustees. The trustees cannot overrule/object any order that was passed by the HR & CE Department. Therefore, he justified the impugned order.9. The very writ petition filed by the petitioner is misconceived. The petitioner though claiming to be a trustee, is actually not a trustee. In the impugned order, copy is marked to the petitioner only on his capacity as 'eilKiw eph;thfp'. The tamil equivalent term for the term 'trustee' is 'mw';fhtyu;'. Moreover, it is clearly stated by the 3rd respondent in the counter affidavit that though the scheme was published in the Gazette in Page No.6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022the year 2013, till 2022, no steps were taken for appointment of trustees. Only during April, 2022, the applications were called for and the petitioner is one such applicant. The petitioner is not even a trustee. It is highly condemnable that he has filed this writ petition claiming himself to be a trustee of the temple. Though counter affidavit was filed during the month of December, 2022, the petitioner has not filed any rejoinder rejecting the statements made by the 3rd respondent in the counter affidavit.10. The main issue is allowing the performance of marriages inside the temple. If the real reason, as putforth by the petitioner, is lack of space, the temple authorities could have very well restricted the number of persons from both the groom and bride side. It is a common knowledge that in the marriages performed in temples would not normally attract more that 30 to 40 people. Usually, the marriage will be followed by a reception at someother place, where the friends and relatives would assemble in large numbers. The said reason about lack of space inside the temple is mis-conceived and it is rejected outright. The caste angle claim by the victim cannot also be brushed aside.Page No.7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 202211. This Court is at complete loss to understand as to how discrimination would be made even before the Lord Almighty. The creator treats all of his creations equally. Be it human or a small insect. The Lord Almighty loves every living being in the same manner and he does not discriminate. The man, who claims to be the most independent species in the world, sometimes acts as the most dumbest creature. Worldwide man indulges in discrimination on the basis of race, religion and economic condition. In our country, another kind of discrimination is added to the above discriminations. We discriminate on the basis of caste also.12. Marriage in an individual's life is a memorable event. If a person wishes to get married before the Lord Almighty, his wish cannot be denied; more especially, when the temple is administered by the Government itself. The 3rd respondent was fully justified in accepting the request of the applicant and directing the petitioner to do the needful. However, the petitioner has taken a strange excuse for denying the same. It is to be highlighted here that the petitioner is not even the trustee of the temple and no steps have been taken for almost nine years for appointment of trustees. Therefore, it is highly condemnable that the Page No.8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022petitioner has raised objection to the impugned order passed by the 3rd respondent.13. In the result, the impugned order passed by the 3rd respondent dated 20.10.2022 is sustained and the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.06.10.2025Index : Yes / No Speaking order / Non-speaking orderNeutral Citation Case : Yes / NospTo1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai – 600 014.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem – 636 001.Page No.9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.28493 of 2022M.DHANDAPANI, J.spW.P.No.28493 of 202206.10.2025Page No.10 of 10