D. SENTHILKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is filed for writ of mandamus directing the respondents to permit the Hindus alone to the Hilltop Temple premises and its sub-temples and consequently direct the third respondent to display Boards to that effect in all entrances based on the petitioner representation dtd. 26/6/2023.

(2.) The facts as stated by the petitioner is that the petitioner is running 'Shashti Toy Shop' at Adivaram Pazhani and he is also an organiser of Pazhani Hill Temple Devotee Organisation. Every day he would visits the temple to worship Lord Dhandapani. A few days ago some non-Hindus purchased tickets at the Winch Station in Pazhani to reach the temple hilltop. One Sahul who runs a fruit shop near Pazhani Bus Stand brought his relatives who were wearing burqas and had bought tickets. When the ticket issuing authority had noticed burqas, the authority had retrieved the tickets since they are non-Hindus. But the said Shahul reportedly argued with the employees present in the Winch Station saying that 'this is a tourist place. If non-Hindus are not allowed, then you should put up banner, should I get some banners for you from my money". When the news of the said incident spread, the devotees gathered in the Winch Station and argued in support of the temple employees. Further the devotees condemned the third respondent for failing to put a banner mentioning that non-Hindus were not allowed, which were removed during renovation work for Kumbabishekam of the temple. Following this the third respondent placed the banners at the entrance but removed them again within few hours. It was speculated that the temple authorities were under pressure from some higher authorities to do so. Social media posts from the usual suspects like Atheists and Islamists gave credence to the speculation. Recently, a group of Muslims were found consuming non-vegetarian food inside the Brihadeeswara Temple premises in Thanjavur. Another group was caught eating meet in Hampi Temple complex. A Muslim youngster was arrested after he offered namaz in a Hindu Temple, Uttar Pradesh. The Hindu temples are always treated as places of worship and such reverence to the temples, its place, rituals and practices connected thereto have become part of the Karma Kanda of Hindu theology. By way of analogy, it is well known that near a Muslim Mosque no band or music or amusement could pass, by so as to disturb the peace of the presence of the mosque, no matter whether it is namaz time or not. It is also the practice in mosques not to allow non-Muslims at a particular place of worship inside the mosque. These rules of proprietary, being a matter of Islamic religion are promptly respected by all citizens of India embracing other religions. There are positive indica to hold that if a Hindu Temple is intended for a spiritual benefit of all classes of Hindus and the temple as a whole starting from the Gopuram and leading to Kodimaram, Artha-Mandapam, Maha-Mandapam and Garba-Graham is to be kept undefiled and unpolluted, no non-Hindu can for pleasure and social evaluation seek entry into such places. The purpose of such entry is totally unconnected with any matter of religion known to Hinduism and to Hindus. Such entry would negate the very object and avowed of the temple entry itself, which says that entry into temples is available to all classes of Hindus. The Hindu religion and a Hindu temple has its ceremonial prospects. Any religion lies on the foundation of its ancient beliefs, rituals and practises. Religion is ordinarily referable to the expression of all men's believe in and reference for a super human power recognised as creator and governor of the universe. But Hindu religion, whose origin is so ancient has maintain throughout its ethics, practices and mandates, that they have lived through every changing time, but maintaining at all times its pristine usefulness and its inhered capacity to demand respect and reference to such tenets. One such accredited practice in Hindu religion is worship in temples and that too in a prescribed manner. If there are certain well laid practices regarding the mode of worship in a Hindu temple and if such practices are backed by Agama, then those are matters connected with the religion. Further the religious practices are reflective of matters concerning religion and if religion is to be revered, then the practices annexed thereto are equally respectable. Further in Tamil Nadu the Temple Administration Laws has evolved as follows:

(3.) One Kalyan Dass of Ramanathapuram has filed a petition in W.P.No. 3066/1970 and the same was allowed on 5/7/1972. The Hon'ble Court quashed the insertion of Sec. 4(A) and held the amendment as ultra vires and also held that the State Government acted beyond the scope of delegated power conferred by the Constitution. The maximum temples are governed by the second respondent has affixed the above caution Board in the front of the temples. But in order to get fame and media attention, some problem makers trying to enter the temple premises. The maximum devotees are observing fasting and coming to Pazhani for Darshan. Further Pazhani Hill Temple is not a picnic spot and the land is having rich culture and epic. Hence the petitioner submitted representation to the respondent on 27/6/2023 and there is no response from the respondent. The petitioner is having interest over the religious institution and as per Sec. 6(15) of HR&CE Act the petitioner has right to file this petition and hence the petitioner pray to allow the petition.