#writofmandamus

[seemabhatnagar]

Temple festival is a celebration of diversity and inclusion, not caste hierarchy

Temple festival is a celebration of diversity and inclusion, not caste hierarchy

Pandiarajan v. The District Collector Virudhnagar, The Tahsildar Thiruchuli & The Inspector Aruppukaottai

WP 30303/2023

Before High Court of Madras at Madurai

Hon’ble Mr. Justice B. Pugalendhi J disposed of the Writ Petition on 19.12.2023 directing the Hindu Religious & Charitable Endowment Department to ensure that all the devotees including the schedule caste people are permitted in the temple festival.

Facts

Petitioner a Scheduled Caste was excommunicated from participating in the temple festival of Arulmighu Chelliyaramman Temple.

The people from Maravar community of the Village were not permitting the Scheduled Caste people to participate in the temple festival and they were preventing them from taking mulaippari and not collecting tax from them for the temple festival.

The Tahsildar had conducted a peace committee meeting on 13.06.2023 with both the groups in the presence of the Deputy Superintendent of Police, Tiruchuli.

A resolution was passed in the said meeting that the village festival has to be performed only as per the advice of the Hindu Religious & Charitable Endowment (HR & CE) Department that no community people is entitled to conduct the festival by collecting tax separately that the parties are restrained from spreading any rumors in the social media.

Submission of the Counsel of the Petitioner

The Hindu caste people were not permitting the scheduled caste people to participate in the Margazhi festival of the above temple.

Wherefore, the present petition was filed to implement the proceedings of the Tahsildar, held on 13.06.2023.

Submission of the Counsel for the Respondents

There was a peace committee meeting held on 13.06.2023 in the presence of the officials, wherein, the parties were advised to conduct the temple festival peacefully.

Observation of the Court

As per the peace committee meeting resolution dt. 13.06.2023, the villagers shall not prevent any body from offering prayers to the deity and from participating in the temple festival.

It was also resolved that the temple festival has to be conducted only by the Hindu Religious & Charitable Endowment (HR & CE) Department.

No person nor any group can restrain a person from performing his religious duties and it is the right guaranteed by the Constitution.

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 Hindu Religious & Charitable Endowment Department.

Order

The Hindu Religious & Charitable Endowment (HR&CE) Department shall conduct the Margazhi festival to Arulmighu Chelliyaramman Temple.

The Tahsildar shall ascertain from the Village Administration Officer and other revenue officials that if any untouchability issue prevails in the Village, he will submit a report to the District Collector and the District Collector shall take appropriate action.

The Hindu Religious & Charitable Endowment (HR & CE) Department has to ensure that all the devotees including the schedule caste people are permitted in the temple festival and also to take appropriate action by appointing a fit person after ascertaining the report of the Tahsildar.

Seema Bhatnagar

[rajulaw-immigration-service]

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[seemabhatnagar]

Live-in-relationship permitted but not at the cost of social fabric of the country

Sunita & Anr. v. State of UP & 3 Others

Writ Petition(c) 2723 of 2023

Before Allahabad High Court

Writ Petition was dismissed by Hon’ble Mrs Justice Renu Agarwal J

on 25.04.2023

Fact:

This is one such case where Petitioner, Aneeta a 37-year-old married woman has filed this Writ Petition before the Allahabad High Court seeking Writ of Mandamus against his husband (Respondent) for not disturbing their peaceful living in a Live-in-relationship.

Argument of the Petitioner’s Advocate:

Petitioner is Major & had voluntarily entered into Live-in-relationship with the Petitioner No.2 since 2015.

As such there is danger to their life from Respondent husband.

Wherefore, Court may give them the protection.

Observation of the Court:

It is not against live-in-relationship but it will certainly not allow illicit relationship which is not within the social fabric of this country.

Directing the police to grant protection to them may indirectly give our assent to such illicit relations.

It is not proper to permit the parties to such illegality as tomorrow petitioners may convey that Court had sanctified their illicit relations.

No law-abiding citizen who is already married under the Hindu Marriage Act can seek protection of this Court for illicit relationship.

The sanctity of marriage pre-supposes divorce.

Decision: Writ Petition is dismissed. Live-in-relationship cannot be at the cost of social

Seema Bhatnagar

[rajulaw-immigration-service]

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[rajulaw-immigration-service]

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𝗘𝗺𝗮𝗶𝗹: 𝗶𝗻𝗳𝗼@𝗿𝗮𝗷𝘂𝗹𝗮𝘄.𝗰𝗼𝗺

𝗪𝗲𝗯𝘀𝗶𝘁𝗲: 𝘄𝘄𝘄.𝗿𝗮𝗷𝘂𝗹𝗮𝘄.𝗰𝗼𝗺

𝗙𝗼𝗿 𝟮𝟰𝘅𝟳 𝘀𝘂𝗽𝗽𝗼𝗿𝘁, 𝗰𝗮𝗹𝗹 +𝟭 𝟴𝟯𝟯-𝟳𝟮𝟱-𝟴𝟱𝟮𝟵

[rajulaw-immigration-service]

𝗙𝗼𝗿 𝗮𝗻𝘆 𝗸𝗶𝗻𝗱 𝗼𝗳 𝗶𝗺𝗺𝗶𝗴𝗿𝗮𝘁𝗶𝗼𝗻-𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝗮𝘀𝘀𝗶𝘀𝘁𝗮𝗻𝗰𝗲 𝗰𝗼𝗻𝘁𝗮𝗰𝘁 𝘂𝘀 𝗮𝘁

𝗘𝗺𝗮𝗶𝗹: 𝗶𝗻𝗳𝗼@𝗿𝗮𝗷𝘂𝗹𝗮𝘄.𝗰𝗼𝗺

𝗪𝗲𝗯𝘀𝗶𝘁𝗲: 𝘄𝘄𝘄.𝗿𝗮𝗷𝘂𝗹𝗮𝘄.𝗰𝗼𝗺

𝗙𝗼𝗿 𝟮𝟰𝘅𝟳 𝘀𝘂𝗽𝗽𝗼𝗿𝘁, 𝗰𝗮𝗹𝗹 +𝟭 𝟴𝟯𝟯-𝟳𝟮𝟱-𝟴𝟱𝟮𝟵