The Madras High Court, Madurai Bench, held that if the devotees of Selva Vinayagar, Nallatchi Amman, Thalavaimadasamy, and Utchimakali Amman Temples wish to offer non-vegetarian food, they shall file an application before the Joint Commissioner and adduce evidence to establish it as a traditional practice.

The Court disposed of the Writ Petition seeking directions against the State to provide adequate security to ensure the festivals are conducted peacefully. The Court noted that the Petitioners practice Saivism, which follows the tradition of offering vegetarian food to the deities. Therefore, the Court noted that their sentiments must be respected.

Justice B. Pugalendhi noted, “If the other groups want to offer non-vegetarian food to the deity, they can file an application before the 2nd respondent / the Joint Commissioner adduce evidence, establish the same and get their grievance redressed and if such an application is filed, the 2nd respondent shall consider the same and pass appropriate orders, without being influenced by any of the observations made in this order”.

Advocate K.P. Narayanakumar appeared for the Petitioner, Additional Government Pleader G.V. Vairam Santhosh appeared for Respondents no 1,4 and 5, Special Government Pleader S.P Maharajan appeared for Respondent no 2, and Government Advocate Kottaichamy appeared for Respondents no 3 and 6. Advocates A. Anandha Raj and Antony Arul Raj appeared for Proposed Respondents.

The Petitioner approached the Court by way of a Writ Petition seeking directions against the Respondents to provide adequate security for conducting the temple festival in Selva Vinayagar Temple, Nallatchi Amman Temple, Thalavaimadasamy Temple, and Utchimakali Amman Temple as per existing customary rituals.

The Petitioner contended that only vegetarian food is offered to the deities during festivals. He contended that he belonged to the Saiva Pillaimar community and that his ancestors established the disputed temples. The Proposed Respondents argued that there had been a traditional practice of offering non-vegetarian foods during the festival from time immemorial.

The Court noted that the Petitioners are followers of Saivism and have a tradition of offering only vegetarian food to their deity during festivals. Another group claims that non-vegetarian food is also acceptable. However, the Court held that the Petitioners' sentiment must be respected.

The petitioners are Saivaites and they are having their own practice of offering only vegetarian-foods to the deity during the festival. Though the other group claims that there is a practice to offer non-vegetarian food to the deity, they have to respect the sentiment of the petitioner”, the Court observed.

Therefore, the Court directed Respondent no 2 to appoint a Special Officer to oversee the temples in question and ensure a peaceful festival is conducted. Additionally, the Court directed Respondent no. 6 to provide adequate police protection. Furthermore, the Court held that if the other group wishes to offer non-vegetarian food, they could file an application and provide evidence to Respondent no. 2, who will make the final decision.

Accordingly, the Court disposed of the Petition.

Cause Title: E. Sankaran v The District Collector

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Selva Vinayagar Temple, Nallatchi Amman Temple, Thalavaimadasamy Temple, and Utchimakali Amman Temple