The Madurai Bench of the Madras High Court has allowed a Hindu group to conduct Annadhanam (community feast) on a public ground in Tamil Nadu's Dindigul district, rejecting objections that the space had traditionally been used by Christians for over a century during Easter celebrations.
Justice GR Swaminathan, while allowing a writ petition by K Rajamani, observed that a government-owned public ground "must be available to all communities or none," and that exclusion of any group solely on religious grounds would offend Article 15 of the Constitution. The petitioner had challenged a Tahsildar's order denying permission to use the N Panchampatti village common ground for the temple's Kumbabisekam feast and instead allotting a public road for the event.
Representatives of the Christian community argued that the ground, classified as grama natham, had been the venue for Easter dramas and gatherings for over 100 years. They cited a 2017 peace committee resolution restricting the use of the space to such traditional purposes.
Rejecting this argument, the judge said that any "pre-constitutional arrangement not in accord with constitutional ethos cannot continue," adding, "A public ground should be available for use by all communities or none."
Justice Swaminathan also took exception to the official stand that allowing the event could lead to "law and order" issues. He said the administration cannot take "the easy option of stifling fundamental rights" by citing possible disturbances. Referring to earlier court rulings, the judge said it was the duty of the local administration and police to protect the exercise of legitimate rights rather than deny them due to opposition from another group.
He noted that the officials' reliance on law and order fears amounted to "a confession of impotence" - recalling a 1926 Madras High Court order that criticised authorities for preventing lawful religious processions out of fear of unrest instead of ensuring protection. "When it comes to upholding fundamental rights, the police should not choose the easy option of stifling them," the judge observed.
Justice Swaminathan also made a broader observation on communal coexistence, stating, "When a Christian friend celebrates Christmas, I should greet him first... Such interactions alone will ensure inter-religious harmony. Unless such cultural and civilisational unity is demonstrated in practice, there will not be peace in society."
Calling it "a sorry state of affairs" that law and order apprehensions were being cited to deny legitimate rights, the court directed the Superintendent of Police, Dindigul, to ensure the event passes off peacefully. The petitioner was allowed to hold the Annadhanam on November 3 at the disputed site, with instructions to restore the ground to its original condition after use.
