Madras HC Slams Christians' Monopoly on Public Land in Hindu-Minority Village

The Madras High Court, Madurai Bench, has held that a government-owned public ground cannot be reserved exclusively for one religious community and permitted Hindus to conduct Annadhanam during a temple Kumbabisekam on the same ground traditionally used by Christians for Easter celebrations in Dindigul district.

The bench of Justice G.R. Swaminathan, on October 31, 2025, allowed a writ petition filed by K. Rajamani, a resident of N. Panchampatti village. The petitioner had sought permission to conduct Annadhanam (distribution of food) on November 3, 2025, in connection with the Kumbabisekam of Kaliyamman Temple. The Tahsildar of Athur Taluk had rejected his request on October 24, 2025, and instead allotted a public road, N. Panchampatti to Munnilaikottai Road, as an alternative venue.

The petitioner challenged the order, contending that the open space in Survey No. 202/3 (Sunkasavadi Ground), located near the temple, is a village common ground belonging to the government.

During the hearing, the Inspector of Police, Chinnalapatti, appeared in person and opposed the event on the ground that allowing it would cause law and order issues. The counsel for Suresh Perkmans (the fourth respondent), representing the Christian community, submitted that a portion of the ground contained a century-old stage known as the Pascha Stage, where Easter programmes and dramas are conducted every year. He argued that Hindus were never permitted to use the ground for any religious purpose and referred to proceedings drawn by the Tahsildar in 1912 and a 2017 peace committee resolution stating that only customary events of the past hundred years may be allowed.

Court, however, noted that both the counter affidavit of the fourth respondent and the submissions of the Special Government Pleader confirmed that the land was classified as “vacant site / grama natham” and belonged to the government, not to any private religious body. It also referred to a Division Bench order dated April 23, 2021, in K. Rajasekar v. District Collector, Dindigul, which had clarified that no construction shall be put up on Survey No. 202/3.

Holding that a public ground cannot be confined to one faith, Justice Swaminathan observed, “When the land in question is not a patta land but belongs to the Government, it should be available to all sections irrespective of religious or communal background".

Rejecting the argument that only the Christian community could use the ground on account of past practice, the court said, “We are a secular, democratic republic. Any pre-constitutional arrangement that is not in accord with the constitutional provisions and ethos cannot be allowed to continue. A public ground should be available for the use of all communities or none".

The judge clarified that while the Christian community’s use of the ground for Easter should continue without interference, there was no justification to deny Hindus permission to hold Annadhanam on another date. He recorded, “I cannot accept the submission that while Christians can use the ground on Easter but Hindus cannot conduct Annadhanam in the very same place".

Court held that excluding a community solely on religious grounds would violate Article 15 of the Constitution. It also cited earlier judgments recognising Annadhanam as a form of religious observance under Article 25, noting that “Dharmam, especially Annadhanam, is to seek salvation, in other words Moksham, and it would amount to observance of a religious character".

Court further observed that administrative authorities cannot deny fundamental rights on the basis of apprehended disturbances. Referring to a 1926 Madras High Court judgment in Venkata Subbaya v. Muhammad Falauddin Khaji, Justice Swaminathan said such refusals amounted to a “confession of impotence on the part of the authorities".

Court noted that N. Panchampatti village has around 2,500 Christian families and 400 Hindu families, and that the police had cited this demographic imbalance to justify the denial of permission. Court described it as a “very sorry state of affairs,” adding, “In every religious event, there must be participation from the other religionists also. Such interactions alone will ensure inter-religious harmony".

Allowing the petition, court set aside the Tahsildar’s order dated October 24, 2025, and permitted the petitioner to conduct Annadhanam on November 3, 2025, at the disputed ground. It directed that the site be restored to its original condition after the event and asked the Superintendent of Police, Dindigul, to ensure that the function “passes off peacefully".

The writ petition was accordingly allowed, with no order as to costs.

Case Title: K. Rajamani v. The Joint Commissioner & Others

Order Date: October 31, 2025

Bench: Justice G.R. Swaminathan