Court upholds civil court's permission for temple rituals; mandates non-discrimination in religious participation and orders cooperation between temple trust and HR & CE Department.
In a significant judgment dated September 28, 2026, the Madras High Court, presided over by Justice V. Lakshminarayanan, granted police protection for the conduct of Kumbabishekam ceremonies at four temples located in Sathanur Village, Perambalur District. The petitioner, Mr. Mahendran, representing the Sri Madura Kaliyamman Public Charitable Trust, sought mandamus directing the police to ensure security during the religious rituals scheduled for October 25, 2026.
The dispute arose when objections were raised by certain local factions against the conduct of the Kumbabishekam, despite the Civil Court having already permitted the ceremonies through an interlocutory order dated August 18, 2026. The High Court emphasized that since the Civil Court order remains valid and in force - not having been stayed or set aside - police protection must be extended to facilitate the event.
Importantly, the Court addressed concerns about alleged exclusion of Scheduled Castes (SC), Scheduled Tribes (ST), and other communities from the Kumbabishekam celebrations. The petitioner filed an affidavit unequivocally undertaking that all persons, regardless of caste, creed, or color, would be allowed to witness and participate in the festival. The Court recognized this assurance as sufficient to dispel fears of discrimination and directed that police must intervene promptly if any attempt to exclude individuals from any community occurs during the event.
The Court also clarified the role of the Hindu Religious and Charitable Endowments (HR & CE) Department and its appointed "Fit Person," who is responsible for secular management of the temples. While the petitioner claimed private management, the HR & CE Department stated the temples have been under its control since 1976. The Court held that the "Fit Person" is entitled to participate in the Kumbabishekam and must cooperate in overseeing the event. It further instructed both parties-the petitioner and the Fit Person-to jointly inspect the temples and submit a report confirming the completion of construction to the police, which would then ensure protection.
Significantly, the High Court refrained from adjudicating the underlying management dispute, which remains pending in the Civil Court. The judgment strictly confines itself to facilitating peaceful conduct of the religious rituals and ensuring inclusive participation, underscoring the constitutional mandate against caste-based exclusion in religious functions.
This ruling reaffirms the principle that religious ceremonies, once permitted by competent civil authorities, must be protected by the police to maintain law and order, and that access to religious functions must be non-discriminatory. It sends a strong message against caste politics within temple premises and mandates proactive police intervention to uphold communal harmony.
Bottom Line:
Police protection for conduct of Kumbabishekam can be granted when Civil Court has already permitted the ceremony and such order remains in force; participation in temple function cannot be restricted on caste basis and police must ensure inclusive access to all communities.
Statutory provision(s):
Article 226, Constitution of India; Section 151, Code of Civil Procedure, 1908; Section 94, Code of Civil Procedure, 1908.
Mahendran v. Superintendent of Police, (Madras) : Law Finder Doc Id # 2990815
