While permitting a litigant to hold Annadhanam (distribution of food) in an open public ground, the Madras High Court has held that if a particular section is excluded from using a public ground on the sole ground of religion, it would offend Article 15 of the Constitution. The High Court also held that the right to hold Annadhanam can even be brought within the scope of one's fundamental right under Article 25.

The petitioner filed the Petition before the High Court seeking a direction to the Tahsildar (second respondent) to give permission to hold“Annathanam” for Kaliyamman Temple Kumbabisekam on November 3, 2025.

The Single Bench of Justice G.R. Swaminathan held, “Viewed from this perspective, the right to hold Annadhanam can even be brought within the scope of one's fundamental right under Article 25 of the Constitution of India.”

The Bench also observed, “I hold that if a public ground belonging to the State is available for use of the general public, a particular section cannot be excluded from using the same. If the sole ground of exclusion is religion, it certainly would offend Article 15 of the Constitution of India.

Advocate P.Manikandan represented the Petitioner, while Special Government Pleader P.Subbaraj represented the Respondent.

Factual Background

In connection with the event called Kumbabisekam for a Hindu Temple in the N.Panchampatti Village, Dindigul District, the Petitioner wanted to conduct Annadhanam (distribution of food). In the vicinity of the temple, there is an open ground, and the petitioner requested the second respondent to permit him to organize the event in the said open ground. The Tahsildar rejected the petitioner's request and allotted him an alternative site, which happened to be a public road ie., N.Panchampatti to Munnilaikottai Road. Challenging the said rejection order, the petitioner approached the High Court.

Reasoning

The Bench, at the outset, observed, “We are a secular, democratic republic. Our Constitution came into force on 26.01.1950. Any pre-constituitonal arrangement that is not in accord with the constitutional provisions and ethos cannot be allowed to continue. A public ground should be available for the use of all communities or none. I cannot accept the submission that while Christians can use the ground on Easter but Hindus cannot conduct Annadhanam in the very same place. It is not as if on the occasion of Easter, the Hindus want to conduct Annadhanam or any other event in the very same ground.”

As per the Bench, the right to hold Annadhanam can even be brought within the scope of one's fundamental right under Article 25 of the Constitution. “When it comes to upholding fundamental rights, it is the duty of the local administration to stand in aid of the same. If any law and order problem arises, the same must be dealt with appropriately. The police should not choose the easy option of stifling the fundamental rights”, it added.

The Bench was of the view that serving food by seating the public on the road would definitely not be in order. The ground in question belongs to the State ; by holding the event in the said place, the rights of third parties would not be affected, it noted.

Allowing the Petition, the Bench held, “Hence, the impugned order is accordingly interfered with. The petitioner is permitted to hold the Annadhanam event in the ground in question. He can also make appropriate arrangements. But the ground should be handed over back in the very same condition in which it was entrusted. I direct the Superintendent of Police, Dindigul to ensure that the event passes off peacefully.”

Cause Title: K.Rajamani v. The Joint Commissioner (Case No.: W.P(MD)No.30834 of 2025)

Appearance

Petitioner: Advocate P.Manikandan

Respondent: Special Government Pleaders P.Subbaraj, M.Lingadurai, Government Advocate (Crl. Side) A.Albert James, Advocate A.John Vincent

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Madras High CourtJustice G.R. Swaminathan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.