Cant restrain people from performing religious duties: Madras HC rules in favour of SC community

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 Tamil Nadus Aruppukottai. 
 

The court was hearing a plea which highlighted that people from Maravar community in their village were not permitting the people belonging to the Scheduled caste to participate in the temple festival. 
 

Coming against this strongly, the Bench reiterated that no person or group can restrain others from performing their religious duties. 
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. 
 

It was noted by the Court that after a similar complaint made by the petitioner, a peace committee meeting was conducted between groups and a resolution was arrived and recorded in July, 2023 of the Tahsildar, Tiruchuli.
 

A resolution was passed in the meeting that the village festival must be performed only as per the advice of the HR & CE Department. It was also decided that no community was entitled to conduct the festival by collecting tax separately.
 

However, even after such a resolution, the SC people were not permitted to participate in the said festival. 
 

The temple worshipped by the public is a public temple and the HR & CE Department is having every right to interfere with the affairs of the temple. It was, in fact agreed between the parties in the peace committee meeting that the festival has to be conducted by the HR & CE Department, the Court highlighted in the order. 
 

Noting this, the Court directed the HR & CE Department to conduct the temple festival and ordered the Tahsildar to ascertain from the Village Administration Officer and other revenue officials that check if any issues pertaining to untouchability issue comes up. And, to submit a report to the District Collector. 
 

It also directed the HR & CE Department to ensure that all the devotees including SC people are permitted in the temple festival and take appropriate action by appointing a fit person after ascertaining the report of the Tahsildar.