No one can restrain an individual's right to perform religious duties: Madras HC orders inclusion of SC community in temple festival

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Synopsis

Even after 75 years of independence, if this state of affairs prevails on account of community in the village, it needs to be addressed and prevented, court stressed

The Madras High Court recently directed the Hindu Religious and Charitable Endowments Department (HR & CE Department) to conduct the Margazhi festival at Arulmighu Chelliyaramman Temple in Aruppukottai, Virudhunagar District. 

The bench of Justice B Pugalendhi directed the Tahsildar of Thiruchuli Taluk to ascertain from the Village Administration Officer and other revenue officials if any untouchability issue prevails in the village and if found so, submit a report to the District Collector of Virudhunagar District who shall take appropriate action.

"The HR & CE Department has to ensure that all the devotees including the scheduled caste people are permitted in the temple festival," ordered the court. 

The order was passed in a writ petition moved by one Pandiarajan C. The petitioner claimed that scheduled caste community people had been excommunicated from participating in the temple festival of Arulmighu Chelliyaramman Temple. 

His counsel submitted before the single-judge bench that people from the Maravar community in the petitioner's village were not permitting the scheduled caste people to participate in the temple festival and they were preventing them from taking mulaippari and not collecting tax from them for the temple festival.

The court was further apprised that the petitioner had already approached the concerned Tahsildar with his complaint, and the Tahsildar had conducted a peace committee meeting between both the groups in the presence of the Deputy Superintendent of Police, the Inspector of Police, Tiruchuli, the Village Administrative officer, Sethupurram, the Inspector, HR & CE Department, Aruppukottai. 

A resolution was passed in the said meeting that the village festival had to be performed only as per the advice of the HR & CE Department that no community people were entitled to conduct the festival by collecting tax separately and that the parties were restrained from spreading any rumors on the social media, the court was told. 

The counsel for the petitioner alleged that even after this resolution, the Hindus were not permitting the scheduled caste people to participate in the Margazhi festival of the abovementioned temple.

The high court said that even after 75 years of independence if this state of affairs prevails on account of community in the village, it needs to be addressed and prevented.

"No person nor any group can restrain a person from performing his religious duties and it is the right guaranteed under the Constitution," said the bench. 

Court emphasised that a temple worshipped by the public is a public temple and the HR & CE Department has every right to interfere with the affairs of the temple. 

Therefore, taking note of the fact that in the matter at hand, it was agreed between the parties in the peace committee meeting that the festival had to be conducted by the HR & CE Department, court issued the abovementioned directions and disposed of the petition.

Case Title: Pandiarajan .C v. The District Collector, Virudhunagar District