THOL THIRUMAVALAVAN Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE

JUDGEMENT

(1.) THE Writ Petition is filed in public interest challenging the order dated 04. 08. 2007 passed by the third respondent wherein the fifth respondent had indicated that to maintain law and order problem in the Kandampatti village, the Revenue Divisional Officer/executive Magistrate, ordered the closure of the Draupadi Amman Temple and sealed the same, thereby rejecting the request to take procession.

(2.) IN the affidavit filed in support of the said writ petition, it has been averred that the Draupadi Amman Temple at Kandampatti village has been maintained and renovated with donations and contributions of all communities of Kandampatti village and Kumbabishekam was also performed in the year 1999 with the participation of all communities.

(3.) IN the recent past, due to simmering discord and differences between two communities, attempts were made to prevent people belong to Scheduled Caste from offering worship at the temple and in that regard, there was a peace committee meeting held on 28. 05. 2007. In the said meeting, it was agreed that in future, all persons irrespective of the caste and religion would be permitted to enter temple and offer prayers. Even after the said decision, attempts were made to prevent the people belong to Scheduled Caste from entering into the temple. The suit in O. S. No. 725 of 2007 was also filed by the people belonged to dominant community preventing the people belong to Scheduled Caste from entering into the temple. There was one more peace committee meeting on 31. 07. 2007 and thereafter, the above order came to be passed wherein the temple was ordered to be closed. It is the case of the petitioner that denying permission to the political party in which the petitioner is a General Secretary, to protest against the denial of temple entry to people belong to Scheduled Caste and the inaction of the authorities in ensuring equal access to all worshippers at the Kandampatti Draupadi Amman Temple, is violative of Articles 14, 17, 19 (1) (a) and 21 read with Articles 38, 46 and 51a of the Constitution of India.