Madras High Court Orders Reinstatement of Display Board Barring Non-Hindus from Entering Palani Murugan Temple

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Synopsis

It was argued by the petitioner that there was a prevailing practice of exhibiting a board in all temples that non-Hindus are not allowed on the temple premises, however, for no known reason, the respondent authorities removed the boards from the Palani Murugan temple

The Madras High Court has recently ordered interim status quo ante at the Arulmighu Palani Dhandayuthapani Swamy temple. Court also directed the concerned authorities to reinstate the display board indicating that access to the temple is restricted to Hindus only.

Justice S Srimathy, presiding over the Madurai bench, passed the order in a petition filed by D Senthilkumar, the coordinator of the Palani Hill Temple Devotees Organization.Ple

Senthilkumar approached the court after observing instances where individuals who were not adherents of the Hindu faith had acquired tickets to visit the Hilltop temple and when these individuals were denied entry, they argued that the Hilltop area was a tourist destination open to outsiders.

Before the court, Senthilkumar sought a direction to the temple authorities to permit entry exclusively for Hindus into the Hill temple premises and its associated sub-temples, along with the requirement to maintain appropriate display boards within the temple grounds.

To press his plea, Senthilkumar referred to the Tamil Nadu Entry Authorization Act, 1947 which was passed by the Legislature with an object to authorize entry into the Hindu Temples in the State of Tamil Nadu and the offer of worship therein by all classes of Hindus.

Senthilkumar's contention was that this Act was enacted only for the Hindus and non-Hindus could not be permitted.

When the Additional Advocate General appearing for the State Government submitted that under Articles 13 and 15 of the Constitution of India, especially, under clause 15(1), the rights of other persons are protected, Senthilkumar refuted that same arguing that under Article 15(2) of the Constitution, the temples are not included and the temples cannot be used as picnic spots.

He also apprised the court that all these years, there was a prevailing practice of exhibiting a board in all temples that non-Hindus are not allowed in the temple premises. It is not known why the respondents removed the board, Senthilkumar objected.  

Considering the arguments put forth by all parties, the single judge bench decided to grant interim status quo ante.

"The respondents are directed to restore the Board and maintain status quo ante. In the meanwhile, the respondents are directed to file counter," ordered the court. 

The matter will be next heard on August 28, 2023. 

Case Title: Senthilkumar D v. Govt of Tamil Nadu and Others