Madras High Court
Rangarajan Narasimhan vs The Additional Chief Secretary To ... on 3 March, 2022
W.P.No.1981 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.1981 of 2022
Rangarajan Narasimhan .. Petitioner-in-
person
Vs
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2.The Secretary,
Department of Tourism, Culture and
Religious Endowments,
Secretariat, Chennai - 600 009.
3.The Commissioner,
Hindu Religious & Charitable Endowments Dept.,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a writ of mandamus directing the third respondent to put
up necessary visible sign boards clearly mandating the dress-code
(distinct Sanathana Dharma mark on the forehead of male/female
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W.P.No.1981 of 2022
devotees, dhothi/pyjama-kurta for men folk and saree/half-
saree/salwar kameez for women folk) and fully covered clothing for
children and to put in place checks and balances to ensure that any
person entering into the temple is a believer of Sanathana Dharma in
an effort to prevent atheists from entering into the Hindu temple.
For the Petitioner : Mr.Rangarajan Narasimhan
Petitioner-in-person
For the Respondents : Mr.R.Shunmugasundaram
Advocate-General
assisted by
Mr.N.R.R.Arun Natarajan
Spl. Govt. Pleader (HR & CE)
for respondent Nos.2 and 3
: Mr.P.Muthu Kumar
State Government Pleader
for respondent No.1
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
This writ petition has been filed by the petitioner, appearing in
person, seeking the following relief:
"For the reasons stated in the affidavit accompanying
prayed that this Hon'ble court may be pleased to issue
a Writ of Mandamus or any other appropriate Writ,
Order or Direction in the nature of Writ of Mandamus
directing the 3rd respondent to put up necessary
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W.P.No.1981 of 2022
visible sign boards clearly mandating the dress-code
(distinct Sanathana Dharma mark on the forehead of
male/female devotees, dhothi/pyjama-kurta for men
folk and saree/half-saree/salwar kameez for women
folk) and fully covered clothing for children and to put
in place checks and balances to ensure that any
person entering into the temple is a believer of
Sanathana Dharma in an effort to prevent atheists
from entering into the Hindu Temple and pass such or
other orders as this Hon'ble Court may deem fit to the
facts and circumstances of the case and thus render
justice."
2. The petitioner, appearing in person, submitted that a direction
be issued on the third respondent to put up necessary visible sign
boards mandating the dress code (distinct sanathana dharma mark on
the forehead of male/female devotees; dhothi/phyjama-kurta for men
folk and saree/half-saree/salwar kameez for women folk) and fully
covered cloths for children; and, to put in place the checks and
balances to ensure that any person entering the temple is a believer of
sanathana dharma.
3. He further submitted that as per the provisions of the Hindu
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W.P.No.1981 of 2022
Religious and Charitable Endowments Act, 1959 (for short, "the Act of
1959"), only a Hindu can enter the temple. But, in the absence of
dress code, even persons of other religion are making entry into the
temple. The prescription of dress code is necessary to maintain the
sanctity of the temple. Therefore, a general direction be given to the
respondents to put a sign boards in the temples requiring the dress
code to be followed. The petitioner, appearing in person, has
produced certain photographs to show that in the absence of dress
code, the people are entering into the temple in different dresses.
4. The writ petition has been opposed by learned Advocate-
General.
5. Learned Advocate-General submitted that sign boards are put
in place in those temples, where the dress code is stipulated. A
general direction as prayed for by the petitioner may not be issued. In
the absence of dress code of a particular temple, putting up of sign
board prescribing the dress code cannot be issued. The aforesaid
argument has been supported by the judgment of the Apex Court in
the case of Mrinalini Padhi v. Union of India and others, (2018)
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W.P.No.1981 of 2022
7 SCC 785.
6. Referring to paragraphs 18 and 30.8 of the aforesaid
judgment, learned Advocate-General submitted that the direction of
the nature sought by the petitioner herein was left to the discretion of
the management of the temple to take regulatory measures in regard
to the dress code. It is, however, with liberty to allow the devotee of
any faith to enter the temple. In view of the above, the direction
sought by the petitioner cannot be issued.
7. We have considered the rival submissions and perused the
materials available on record.
8. Before adverting to the plea raised by the petitioner, it is
appropriate to quote the relevant provision governing the dress code
to be followed in the temples, i.e., the Rules under the Tamil Nadu
Temple Entry Authorisation Act, 1947. Rule 4 of the said Rules reads
as under:
"4. No person shall enter into any temple premises
unless he has had a bath and wears cloths of such
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W.P.No.1981 of 2022
materials and in such manner as is customary in such
temple. No person shall enter a temple with any
footwear."
9. By virtue of the said Rule aforesaid, a duty is cast on a person
who intends to enter the temple premises to wear cloths as is
customary in such temple.
10. That apart, Section 4 of the Tamil Nadu Temple Entry
Authorisation Act, 1947 empowers the Trustee or the authority in-
charge of the temple, subject to control of the State Government to
make regulations for maintenance of order and decorum in temple.
Section 4 of the said Act reads as under:
"4. Powers of trustees to make regulations for the
maintenance of order and decorum, the due
performance of rites and ceremonies in temples. -
The trustee or other authority in-charge of a temple
shall have power, subject to the control of the State
Government and to any rules which may be made by
them, to make regulations for the maintenance of order
and decorum in the temple and the due observance of
the religious rites and ceremonies performed in the
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W.P.No.1981 of 2022
temple, but such regulations shall not discriminate in
any way against any Hindu on the ground that he
belongs to a particular caste or sect."
11. When a mechanism has been provided under the aforesaid
provisions to maintain order and decorum, we find no reason to accept
the prayer of the petitioner seeking a particular dress code to be
followed, as suggested by him in the writ petition, the basis whereof is
not known.
12. That apart, in view of the judgment of the Apex Court in the
case of Mrinalini Padhi (supra), the temple management can take
regulatory measures in regard to the dress code to be followed, if it is
customary. Thus, it depends on the individual temple to prescribe the
dress code.
13. A person having faith and devotion towards the God needs to
maintain proper dress code by himself, by following customary practice
of the temple, if any. Putting up visible sign boards in regard to the
dress code is followed in the temples where any customary practice of
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W.P.No.1981 of 2022
wearing a particular dress exists.
14. This Court, exercising jurisdiction under Article 226 of the
Constitution of India, cannot issue a general direction to all temples to
put up sign boards prescribing the dress code of the nature suggested
by the petitioner. Visible sign boards may be fixed by those temples
which have prescribed the dress code based on customary practice.
15. The devotees are expected to enter the temples in proper
dress to maintain the sanctity of the temple. It is not for the Courts to
venture into unchartered waters and thrust our opinions on society. It
is the devotees who should realise that they are entering into a place
of worship and they need to adhere to the customs in vogue at such
temple, if any.
16. In view of the above, we dispose of this writ petition with the
following directions:
(1) The temples having dress code may fix visible sign
boards to ensure that the dress code is followed and
the temples can take regulatory measures in such
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W.P.No.1981 of 2022
regard.
(2) The general direction of the nature sought by the
petitioner, appearing in person, cannot be given. If the
temple is not having any dress code for the devotees,
such devotees should be permitted to enter into the
temple according to the provisions of the Act of 1947.
(3) The devotees are, however, expected to enter the
temples in proper dress to maintain the decorum.
(4) The temple management can take regulatory
measures for the aforesaid.
There will be no order as to costs.
(M.N.B., CJ) (D.B.C., J.)
03.03.2022
Index : Yes/No
bbr
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W.P.No.1981 of 2022
To:
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2.The Secretary,
Department of Tourism, Culture and
Religious Endowments,
Secretariat, Chennai - 600 009.
3.The Commissioner,
Hindu Religious & Charitable Endowments Dept.,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai - 600 034.
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W.P.No.1981 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.P.No.1981 of 2022
03.03.2022
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