P.Vadivel Vs the District Collector

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to pass appropriate orders in the proceedings under Na.Ka.9598/2024/A1 dated 05.07.2024 with regard to the conduct of Aravan Temple Festival at Kurichi Village, Madukkarai Taluk, Coimbatore, based on the representation dated

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21.12.2024 issued by the petitioner to the respondent.

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For Petitioner : Mr.R.Dhilip

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For Respondents : Dr.S.Suriya Additional Government Pleader

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ORDER

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The prayer in the writ petition seeks a Mandamus directing the second

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respondent to pass appropriate orders in the proceedings under Na.Ka.9598/2024/A1 dated 05.07.2024 regarding the conduct of the Aravan Temple Festival at Kurichi Village, Madukarai Taluk, Coimbatore, based on the representation dated 21.12.2024 submitted by the petitioner to the respondents herein.

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At the outset, if a temple festival has to be conducted and the same is

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not performed on account of any law and order problem, the Court will certainly issue directions in exercise of power under Article 226 of the Constitution of India. However, in this case, the prayer made by the petitioner is on a caste basis. The various castes and the representation of the caste are mentioned in paragraph No.1 of the affidavit filed in support of the petition.

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His further averment is that these castes will conduct the festival, and the petitioner is representing one such caste.

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Caste is a social evil. Casteless society is our constitutional goal. Anything towards perpetuation of caste can never be considered by any Court

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of law. The reason is very simple. Firstly, it is not decided by what one learns or does in life. It is by birth. Thus, it hits at the very basic ethos of the society that all men are born equal. ( gpwg;bghf;Fk; vy;yh caph;f;Fk;) Further, it divides society, leads to discrimination and violence and is against growth. The same has been emphatically laid down by the Hon’ble Supreme Court of India, in Ashoka Kumar Thakur -Vs- Union Of India (2008 6 SCC 1) . After noting down the contention that the Constitution does not think of a casteless society, in paragraph No.238, it was held that "the ultimate object is to see that no person gets discriminated against because of his caste. If that be so, it would not be right to say that the ultimate objective is not the casteless society." In paragraph No.298, it is held that "ultimate aim is a casteless and classless society in line with the dream of the Constitution-framers that has to

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be chewed out." In paragraph No.310, it is held that "It needs no emphasis

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that if ultimately and indisputably the constitutional goal is the casteless and classless society.…" In paragraph No.328, it is stated that "when the object is elimination of castes and not perpetuation to achieve the goal of casteless society and a society free from discrimination of caste, judicial review within the permissible limits is not ruled out." In paragraph No.363, it is mentioned that "our leaders have always and unanimously proclaimed with one voice that our constitutional goal is to establish a casteless and classless society." In paragraph No.605, it has been held "...caste matters and will continue to matter as long as we divide society along caste lines. Caste-based discrimination remains. Violence between castes occurs. Caste politics rages on. Where casteism is present, the goal of achieving a casteless society must never be forgotten. Any legislation to the contrary should be discarded." In paragraph No.666, it is mentioned that "caste has divided this country for ages. It has hampered its growth. To have a casteless society will be the resolution of a noble dream." Thus, if at all it can only be taken into account, it can only be to provide reservation and positive discrimination to uplift the downtrodden/backward classes.

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Despite seventy-five years of our Constitution, sections of the

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society are yet to shed this unwanted baggage. The very operation of the Constitutional scheme is frustrated, and the caste system leads to the perversion of the goals and values of the society. Thus, any prayer made which is in the nature of or which has the effect of perpetuation of caste will not only be unconstitutional but would be opposed to public policy. The time has come for this Court to emphatically declare so.

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Dr. B.R. Ambedkar , in his famous speech on 25th November, 1949,

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on conclusion of deliberations of the Constituent Assembly, stated;

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“In India there are castes. The castes are anti-national. In the first place because they bring about separation in social life. They are anti- national also because they generate jealousy and antipathy between caste and caste. But we must overcome all these difficulties if we wish to become a nation in reality. For fraternity can be a fact only when there is a nation. Without fraternity, equality and liberty will be no deeper than coats of paint”.

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Thus, it would be violence to the Constitution to entertain prayers on caste basis and exercise the jurisdiction under Article 226 of the Constitution of India.

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In this case, we are in the realm of prayer relating to the temple practice. In this context, nobody can understand our religions better than Swamy Vivekananda . If religion and worship are for the benefit of the soul, he said, “The soul has neither sex nor caste nor imperfection ”

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Thus, this writ petition cannot be entertained and is accordingly dismissed. This order will not preclude the petitioner from approaching the respondents afresh as a devotee without reference to the Caste. No costs.

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03.02.2025

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Neutral Citation: Yes

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