AKILAN Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT AND ORS.

JUDGEMENT

(1.) Heard Mr. A. Sivaji, learned counsel appearing for the petitioner, Mr. M. Alagathevan, learned Special Government Pleader, appearing for respondents 1 and 2 and Mr. G. Karuppasamy Pandian, learned counsel appearing for the 3rd respondent. The writ petition has been filed invoking Article 226 of the Constitution of India, seeking an order in the nature of certiorari-fied mandamus or any other appropriate writ or direction, calling for the records relating to the impugned order passed by the 2nd respondent, quashing the same and consequently to direct the 2nd respondent to accord permission for conducting Arulmighu Muthalamman Temple Festival at Mamsapuram village, Srivilliputtur Taluk, Virudhunagar District and other connected cultural programmes, every year, for 10 days, from the first Tuesday of Valarpirai in "Thai" Tamil Month, between 10.00 p.m. and 4.00 a.m.

(2.) Mr. A. Sivaji, learned counsel appearing for the petitioner, drew the attention of this Court to Page No. 26 of the typed-set of papers, wherein it is seen that Telungupatti Chetti Uravinmurai, Mamsapuram, an Association of People of the said community, is celebrating the temple festival and as per the document available at Page No. 28 of the typed-set of papers, various community people, in and around that area, are contributing their assistance for the purpose of Muthalamman Temple Festival. It is further stated that the people of Telungupatti Chetti Uravinmurai would provide statue for the function and similarly people belonging to Kulalar, Valaiyar, Hindu Nadar, Kodivazhi Velalar, Viswakarma, Yadavar and Arunthathi-yar communities are doing certain contribution for the function.

(3.) A perusal of the said document shows that the role played by the alleged community people would be as per the caste system that was prevailing earlier. Admittedly, it is a Hindu Temple festival, hence it would be proper to elect their President, Secretary and other Office Bearers among the Hindu community people, if they are really interested in performing the function properly and it should not be caste oriented in allotting the work, for which the Court cannot grant approval, in view of various provisions, especially Articles 14, 15 and 16 of the Constitution of India, which would say that there should be no discrimination based on religion, race, caste, sex or place of birth. As it is a religious function, it should be open to any person in the religion to perform any service voluntarily, without detrimental to the rights of other people. However, in the same religion, allotting certain works based on caste system cannot be approved by this Court invoking the power under Article 226 of the Constitution.