Madras High Court
G.Ganthi vs The Revenue Divisional Officer on 20 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Nos.19128 and 21769 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.19128 and 21769 of 2023
and
W.M.P.Nos.18385 and 21115 of 2023
W.P.No.19128 of 2023
G.Ganthi ... Petitioner
Vs
1. The Revenue Divisional Officer,
Villupuram District,
Villupuram.
2. The Inspector of Police,
Valavanur Police Station,
Pondy Road,
Villupuram – 605108. ... Respondents
Writ Petition filed under Article 226 of the Constitution praying to
issue a Writ of Certiorari, calling for the records pertaining to the impugned
proceedings issued by the first respondent herein under Section 145 of
Cr.P.C in Na.Ka.A1/1211/2023 dated 07.06.2023 and quash the same.
For Petitioner : Mr.G.Karthikeyan,
1/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
Senior Counsel for
Ms.A.Jagadeeswari
For Respondents : Mr.P.Balathandayutham,
Special Government Pleader (for R1)
Mr. K.M.D.Muhilan,
Government Advocate (Crl. Side)
(for R2)
W.P.No.21769 of 2023
Raji ... Petitioner
Vs
1. Executive Magistrate/The Revenue Divisional Officer,
Villupuram District,
Villupuram.
2. The Inspector of Police,
Valavanur Police Station,
Pondy Road,
Villupuram – 605 108.
3. The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Villupuram,
Villupuram District.
4. The Executive Officer,
Arulmigu Draupathi Amman Temple,
Draupathi Amman Koil Street,
Melpathy,
Villupuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution praying to
2/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
issue a Writ of Certiorari, calling for the records pertaining to the impugned
proceedings issued by the first respondent in Na.Ka.No.A1/1211/2023 dated
07.06.2023 and quash the same.
For Petitioner : Mr. K.Balu
For Respondents : Mr.P.Balathandayutham,
Special Government Pleader (for R1)
Mr. K.M.D.Muhilan,
Government Advocate (Crl. Side)
(for R2)
Mr.K.Karthikeyan,
Government Advocate (HR & CE)
(for R3 & R4)
COMON ORDER
Both the Writ Petitions have been filed challenging the very same
order passed by the first respondent under Section 145 of Cr.P.C., dated
07.06.2023 and as such, this Court passed a common order.
2. The Temple, viz., Arulmigu Draupathi Amman Thirukovil
(hereinafter referred to as 'the Temple' for short), is situated at Melpathi
Village, Villupuram Taluk and District. The case of the petitioners is that the
Temple is dedicated to the worship of a particular community and it was
established and constructed by the members belonging to that particular
community. It is situated in R.S.No.65/2 and R.S.65/3 of Melpathi Village,
3/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
Villupuram District, owned by the people of that particular community.
Therefore, it is a denominational Temple and its administrators, viz., the
Trustees, are elected by the people of that particular community. It is an
ancient Temple and has been governed by the people of that particular
community for more than 100 years. The daily Poojas and festivals on
special occasions are conducted by the people of that particular community
and the contributions will be collected from the said community people.
Further, the deity of the Temple is also considered to be the family deity of
that particular community.
3. While that being so, during the festival called "Theemithi
Thiruvizha", which was held on 07.04.2023, a dispute arose between two
community people, resulting in the registration of FIRs in Crime Nos. 178
and 179 of 2023 for the offences under Sections 147, 148, 294(b), 341, 323,
324, 354, 153A(2), 504, and 506(1) of IPC and Sections 3(1)(r), 3(1)(s),
3(1)(w)(I), 3(1)(za)(C), 3(2)(va) of SC/ST (Prevention of Atrocities) Act,
1989 and for the offences under Sections 147, 354, 354A, 509, 153A(2), and
506(i) of IPC and Section 4 of the TNPHW, 2002, respectively. However,
according to the petitioner, the said incidents are in no way connected to the
4/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
Temple festival and it is an individual dispute. However, the fourth
respondent issued a notice, thereby directing the Trustees of the Temple to
hand over the charge of the Temple, relying upon the order passed by the
third respondent dated 11.04.2023, thereby appointing the fourth respondent
as a fit person for the Temple as contemplated under Section 49(1) of the
Hindu Religious and Charitable Endowments Act. However, it was set aside
by this Court in W.P.No.13531 of 2023 on the ground that no notice was
served to the existing Trustees. Pursuant to the registration of the First
Information Report, no one is allowed to enter the Temple, since there is a
communal dispute.
4. Therefore, the complaint was referred for initiation of
proceedings under Section 145 of Cr.P.C. before the first respondent. The
first respondent conducted an enquiry between A party and B party, in which
both the petitioners belong to A party and passed an order on 07.06.2023.
The first respondent concluded that there is a law and order issue since there
is a dispute between two community people. Pursuant to the same, there are
five criminal cases registered in Crime Nos. 177, 178, 179, 237, and 238 of
2023, while celebrating the festival for the Temple. Therefore, until further
5/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
orders, no one is permitted to enter the Temple, failing which action will be
taken against the violators.
5. The learned counsel for the respective petitioners would submit
that the Temple is a denominational one and belongs to a particular
community, though all general public are allowed to worship the deity of the
Temple. Further, the contention of the petitioners is that the daily Poojas are
to be conducted for the Temple, since it involves the sentiment/belief of all
the local villagers. Considering the above contention, this Court passed an
interim order dated 18.03.2024, directing the Joint Commissioner, HR & CE
Department to utilize the service of a Pujari who will perform the Poojas for
the Temple, and the Temple will be opened only to enable the Pujari to enter
into the Temple to perform the daily Poojas. After completion of the daily
Poojas, the Temple will remain closed. No one will be permitted to enter into
the Temple to worship the deity until further orders. Further, the Court
directed the second respondent to take appropriate action if any law and
order problem arises or if anyone causes violence. As directed by this Court,
now the Pujari is conducting daily Poojas, and no public is permitted to enter
into the Temple to worship the deity of the Temple.
6/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
6. On a perusal of the status report filed by the second respondent
and on the submission made by the learned counsel for the respondents, it
reveals that the usual practice of the particular community people allowed
the devotees of Adi Dravidars to worship the deity of the Temple on the 7th
day of the festival to be conducted during the Tamil month of Panguni in
every year. On the 7th day of the said festival, the deity will be kept outside
the Temple for worship by the Adi Dravidars as a customary practice. While
this was so, on 07.04.2023, an Adi Dravidar community person went inside
the Temple and worshiped the deity. This was questioned by other
community people and he was also assaulted, which resulted in the
registration of the First Information Report in Crime No. 178 of 2023 on the
file of the Inspector of Police, Valavanur Police Station, Villupuram District.
7. Heard the learned counsel for both sides and perused the
materials available on record.
8. In turn, the particular community people lodged a complaint
alleging that the other community person misbehaved with a group of
7/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
women who were present in the Temple during the festival, which resulted
in the registration of the First Information Report in Crime No. 179 of 2023
on the file of the very same Police Station. Therefore, the people of the Adi
Dravidars community conducted a road blockade as their entry into the
Temple was denied by the particular community and they submitted a
representation to various authorities. Therefore, the first respondent initiated
proceedings under Section 145 of Cr.P.C. and passed an order in order to
maintain law and order between the two community people. Pursuant to the
interim order passed by this Court, now the Pujari is permitted to conduct
daily Poojas for the Temple and no one is permitted to enter into the Temple
for worshiping the deity of the Temple.
9. It is rather unfortunate that, despite the constitutional abolition
of any form of untouchability, it still remains and persists in rural areas of
the nation. Although temples are seen to be symbols of unity and inclusivity,
the denial of rights of temple entry and worship to persons belonging to a
particular community still looms large. This discrimination should stop and
stop forthwith. The fact that it is still prevailing shocks the conscience of this
8/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
Court. Human beings are to be treated as human beings, and all are same.
Further, the temple is a public place of worship, accessible to all citizens
regardless of caste, creed, or social standing. Restricting access to such a
place by erecting barricades or locks by private Trustees violates the
fundamental right of every individual to practice and propagate their
religion, as guaranteed under Article 25 of the Constitution of India. It is a
public place of worship of the Hindus; the right of entrance into the temple
for purposes of daily Poojas or any other festival is a right that flows from
the nature of the institution itself and for the acquisition of such rights, no
custom or immemorial usage need be asserted or proved.
10. In this regard, it is useful to refer the judgement of the Hon'ble
Supreme Court of India, in Sri Venkataramana Devaru -vs- State of
Mysore reported in 1954 SCC OnLine SC 25. The relevant paragraphs are
paragraphs 28 and 29 and the same read as follows:-
“28. And lastly, it is argued that whereas Article 25
deals with the rights of individuals, Article 26 protects the
rights of denominations, and that as what the appellants
9/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
claim is the right of the Gowda Saraswath Brahmins to
exclude those who do not belong to that denomination, that
would remain unaffected by Article 25(2)(b). This contention
ignores the true nature of the right conferred by Article
25(2)(b). That is a right conferred on “all classes and
sections of Hindus” to enter into a public temple, and on the
unqualified terms of that Article, that right must be available,
whether it is sought to be exercised against an individual
under Art 25(1) or against a denomination under Article
26(b). The fact is that though Article 25(1) deals with rights
of individuals, Article 25(2) is much wider in its contents and
has reference to the rights of communities, and controls both
Article 25(1) and Article 26(b).
29. The result then is that there are two provisions
of equal authority, neither of them being subject to the other.
The question is how the apparent conflict between them is to
be resolved. The rule of construction is well settled that when
there are in an enactment two provisions which cannot be
reconciled with each other, they should be so interpreted that,
if possible, effect could be given to both. This is what is
known as the rule of harmonious construction. Applying this
rule, if the contention of the appellants is to be accepted, then
Article 25(2)(b) will become wholly nugatory in its
application to denominational temples, though, as stated
above, the language of that Article includes them. On the
10/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
other hand, if the contention of the respondents is accepted,
then full effect can be given to Article 26(b) in all matters of
religion, subject only to this that as regards one aspect of
them, entry into a temple for worship, the rights declared
under Article 25(2)(b) will prevail. While, in the former case,
Article 25(2)(b) will be put wholly out of operation, in the
latter, effect can be given to both that provision and Article
26(b). We must accordingly hold that Article 26(b) must be
read subject to Article 25(2)(b).”
11. The main goal of our Constitution is a casteless society.
Further, it divides society to prevent discrimination and violence. In this
regard, it is useful to refer to the judgment of the Hon'ble Supreme Court of
India in Ashoka Kumar Thakur -Vs- Union of India, reported in (2008) 6
SCC 1, which held that the ultimate object is to see that no person gets
discriminated against because of his caste. If that be so, it would not be right
to say that the ultimate objective is not a casteless society. Further, it was
held that the ultimate aim is a casteless and classless society, in line with the
dream of the Constitution-framers, that has to be achieved. It needs no
emphasis that, if ultimately and indisputably, the constitutional goal is a
casteless and classless society. Further, it was held that, when the object is
11/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
the elimination of castes and not their perpetuation, to achieve the goal of a
casteless society and a society free from discrimination of caste, judicial
review within the permissible limits is not ruled out.
12. In this regard, it is useful to refer the judgement of the this
Court, in A.Rajendran -vs- The Joint Commissioner (W.P.No.3838 of 2025
order dated 05.02.2025). The relevant paragraphs are paragraphs 4 to 7 and
the same read as follows:-
“4. Caste is a social evil. Casteless society is our
constitutional goal. Anything towards perpetuation of caste
can never be considered by any Court of law. The reason is
very simple. Firstly, it is not decided by what one learns or
does in life. It is by birth. Thus, it hits at the very basic ethos
of the society that all men are born equal. (gpwgb; ghfF; k;
vy;yh caph;fF; k;) Further, it divides society, leads to
discrimination and violence and is against growth. The
same has been emphatically laid down by the Hon’ble
Supreme Court of India, in Ashoka Kumar Thakur -Vs-
Union Of India 1 After noting down the contention that the
Constitution does not think of a casteless society, in
paragraph No.238, it was held that "the ultimate object is to
see that no person gets discriminated against because of his
12/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
caste. If that be so, it would not be right to say that the
ultimate objective is not the casteless society." In paragraph
No.298, it is held that "ultimate aim is a casteless and
classless society in line with the dream of the Constitution-
framers that has to be chewed out." In paragraph No.310, it
is held that "It needs no emphasis that if ultimately and
indisputably the constitutional goal is the casteless and
classless society.…" In paragraph No.328, it is stated that
"when the object is elimination of castes and not
perpetuation to achieve the goal of casteless society and a
society free from discrimination of caste, judicial review
within the permissible limits is not ruled out." In paragraph
No.363, it is mentioned that "our leaders have always and
unanimously proclaimed with one voice that our
constitutional goal is to establish a casteless and classless
society." In paragraph No.605, it has been held "...caste
matters and will continue to matter as long as we divide
society along caste lines. Caste-based discrimination
remains. Violence between castes occurs. Caste politics
rages on. Where casteism is present, the goal of achieving a
casteless society must never be forgotten. Any legislation to
the contrary should be discarded." In paragraph No.666, it
is mentioned that "caste has divided this country for ages. It
has hampered its growth. To have a casteless society will be
the resolution of a noble dream." Thus, if at all it can only
13/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
be taken into account, it can only be to provide reservation
and positive discrimination to uplift the
downtrodden/backward classes.
5. Despite seventy-five years of our Constitution,
sections of the society are yet to shed this unwanted
baggage. The very operation of the Constitutional scheme is
frustrated, and the caste system leads to the perversion of
the goals and values of the society. Thus, any prayer made
which is in the nature of or which has the effect of
perpetuation of caste will not only be unconstitutional but
would be opposed to public policy. The time has come for
this Court to emphatically declare so.
6. Dr. B.R. Ambedkar, in his famous speech on
25th November, 1949, on conclusion of deliberations of the
Constituent Assembly, stated;
“In India there are castes. The castes are
anti-national. In the first place because they bring
about separation in social life. They are anti- national
also because they generate jealousy and antipathy
between caste and caste. But we must overcome all
these difficulties if we wish to become a nation in
reality. For fraternity can be a fact only when there is a
nation. Without fraternity, equality and liberty will be
14/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
no deeper than coats of paint”.
Thus, it would be violence to the Constitution to entertain
prayers on caste basis and exercise the jurisdiction under
Article 226 of the Constitution of India.
7. In this case, we are in the realm of prayer
relating to the temple practice. In this context, nobody can
understand our religions better than Swamy Vivekananda. If
religion and worship are for the benefit of the soul, he said,
“The soul has neither sex nor caste nor imperfection”
13. Thus, it is clear that the object of our Constitution is
elimination of castes and not their perpetuation. Our Constitution's goal is to
establish a casteless and classless society. While this is so, not permitting the
particular community people to enter the Temple is nothing but
discrimination among the Hindus, and it is against our constitutional goal.
Therefore, when there is a dispute between two communities while
conducting daily Poojas and festivals at the Temple, it is the duty of the State
to maintain law and order if there is any communal clash during the
festivals. For the said reasons, the Temple cannot be shut down, since it
15/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
involves the sentiment/beliefs of the general public.
14. In this regard, the Hon'ble Supreme Court of India in the case
of Padma Baraik vs Union of India (W.P (Civil) No.1195 of 2021, order
dated 13.12.2021) while dealing with the issue of fundamental rights of the
citizens of the country to live peacefully in a society free from crime, held
that there can be no doubt that the State is under a duty to take requisite
steps to protect the environment, save nature and natural resources, prevent
and punish crime, and ensure that the right of citizens to live with dignity is
not violated. These being the inherent duties, such duties necessarily have to
be complied with. No specific order is required by the Court. Therefore, it is
the duty of the state to protect the general public from any law and order
issue.
15. Further, the Temple is situated at Melpathi Village, Villupuram
Taluk and District, comprised in R.S.No.65/2, measuring an extent of 0.1952
sq.mts., and R.S.No.65/3, measuring an extent of 0.0737 sq.mts., (total
0.2689 sq.mts., and it is classified as Natham Government Poramboke.
Therefore, no one can claim ownership of the Temple. As directed by the
16/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
interim order passed by this Court, the services of a Pujari are now being
utilized to perform daily Poojas for the Temple.
16. In view of the above, the order impugned cannot be sustained
and is liable to be quashed. Accordingly, the impugned order in
Na.Ka.A1/1211/2023, dated 07.06.2023, is hereby quashed. The third and
fourth respondents are directed to permit all general public, irrespective of
their community, to worship the deity of the Temple. If any law and order
issue arises between any community people, the second respondent is
directed to take stringent action against the person who committed the
offence, in accordance with law.
17. With the above directions, these Writ Petitions are allowed.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
20.02.2025
Index:Yes/No
Neutral Citation/Yes/No
kv
To
17/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
1. The Executive Magistrate/
The Revenue Divisional Officer,
Villupuram District,
Villupuram.
2. The Inspector of Police,
Valavanur Police Station,
Pondy Road,
Villupuram – 605 108.
3. The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Villupuram, Villupuram District.
4. The Executive Officer,
Arulmigu Draupathi Amman Temple,
Draupathi Amman Koil Street,
Melpathy,
Villupuram District.
18/19
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
W.P.Nos.19128 and 21769 of 2023
G.K.ILANTHIRAIYAN, J.
kv
W.P.Nos.19128 and 21769 of 2023
20.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/03/2025 11:24:20 am )
