Orders Protection of Equality and Worship Rights
Madurai- In a historic and stern ruling, the Madurai Bench of the Madras High Court has addressed critical issues surrounding the Arulmigu Mariamman Temple in Karur District, Tamil Nadu, condemning caste-based discrimination and administrative inaction. The case pertains to two writ petitions (WP(MD)Nos.15950 of 2024 and 17212 of 2025) centered on disputes over worship rights and temple management. The court not only criticized the authorities for failing to ensure equal access to the temple but also issued directives to safeguard the constitutional rights of all devotees to worship without discrimination.
The July 15 hearing, was presided over by Justice B. Pugalendhi, who expressed deep concern over the temple’s closure for seven years and allegations of caste-based exclusion. The court strongly reprimanded the district administration, police, and the Hindu Religious and Charitable Endowments (HR & CE) Department for their failure to uphold constitutional duties. In its order, the court remarked, “The closure of a public temple, not for days or weeks but for years, under the guise of a law and order concern, is a dereliction of constitutional duty.” This observation was made in response to the temple’s closure since 2018, during which public worship and festivals were halted due to apprehensions of communal tension.
The first petition (WP(MD)No.15950 of 2024) was filed by the Vanniyakulachathiriyar Nala Arakattalai Trust, claiming to represent the Vanniyakulachatriya community. The Trust sought the removal of a 2018 prohibitory order and permission to resume festivals and worship, asserting that no caste discrimination had occurred at the temple. Conversely, the second petition (WP(MD)No.17212 of 2025), filed by Marimuthu, alleged that Scheduled Caste devotees were being denied access to worship, emphasizing that their fundamental rights to equality and religion were being violated. Marimuthu demanded that the temple be reopened for all devotees with police protection to ensure non-discriminatory access.
The court took a firm stance against the district collector’s status report dated July 7, 2025, which admitted that the temple had remained closed since 2018 due to fears of communal unrest. The court condemned this approach, stating, “The District Collector, as the top officer of the District, cannot escape his duty by simply saying there may be trouble. If there is any real threat, it is his responsibility to handle it using the State machinery.” The court also criticized the district police for adopting a blanket approach of barring everyone from the temple to maintain peace. It noted, “Stopping everyone from entering is not the way to maintain peace. It is the job of the police to make sure that rights are protected, and that anyone who breaks the law is dealt with properly.”
A significant aspect of the case was the legal status of the temple’s management. The court clarified that the Arulmigu Mariamman Temple is a public temple governed by the Tamil Nadu HR & CE Act, 1959, and is under the control of the HR & CE Department. An RTI reply dated September 22, 2023, submitted by Marimuthu, and a draft scheme dated December 27, 2023, filed by the Trust, confirmed that the temple is currently managed by a Fit Person appointed by the HR & CE Department. The court emphasized that the Trust has no legal authority to claim exclusive control over the temple without following due process under the HR & CE Act. It questioned, “If the Trust really believes that there is no discrimination, then why should anyone be stopped from entering the temple? The easiest way to prove their claim would have been to allow joint worship under the supervision of officials.”
Asks Collector-Why temple remained closed since 2018
The court cited the example of the Kandadevi Temple festival in Sivagangai District, held in June 2024, as a model for resolving such disputes. Despite a 17-year hiatus due to similar caste tensions, the festival was successfully conducted with the state government’s proactive intervention, adequate police deployment, and dialogue with all communities. The court praised this effort, noting, “That success was not because they avoided conflict, but because they showed firm leadership and commitment to the Constitution.” It questioned why similar measures were not adopted in Karur, adding, “The Government must remember that peace built by denying rights is not real peace, it is surrender.”
In its directives, the court ordered the HR & CE Department to submit a detailed report within two weeks, clarifying who is currently managing the temple, whether all communities are allowed to worship, the status of the draft scheme under Section 64, and why joint worship under government supervision was not arranged. The District Collector, Karur, was directed to file an affidavit explaining the reasons for the temple’s closure since 2018, the failure to facilitate joint worship with police protection, and proposed actions to restore worship and ensure equality. The Superintendent of Police, Karur District, was instructed to submit a report on the current law and order situation and the feasibility of providing sufficient police force to enable joint worship and peaceful festivals.
The court made it unequivocal that caste-based exclusion in a public temple is unacceptable, stating, “No person or group can block access to a public temple based on caste. If anyone tries to create trouble or claim superiority based on caste, they will face strict legal consequences.” It directed both parties to cooperate with the authorities and maintain peace, warning against taking the law into their own hands. The matter has been posted for further hearing after three weeks.
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