The Madras High Court ruled that conducting Annadhanam is protected under Article 25 as a fundamental right. Denying permission on religious grounds violates the freedom of religion.
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CHENNAI: In a judgment reaffirming India’s secular and constitutional ethos, the Madras High Court has held that excluding any community from using a public ground solely based on religion violates Article 15 of the Constitution of India. The Court also recognized that the right to hold Annadhanam (distribution of food) can fall within the ambit of Article 25, which guarantees the freedom of religion.
The ruling was delivered by Justice G.R. Swaminathan in a case where the petitioner sought permission to organize an Annadhanam during the Kumbabisekam ceremony of the Kaliyamman Temple in N. Panchampatti Village, Dindigul District, Tamil Nadu.
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Background of the Case
The petitioner had requested the Tahsildar (second respondent) for permission to conduct Annadhanam in an open public ground near the temple. However, the Tahsildar rejected the request and instead allotted an alternative site on a public road (N. Panchampatti to Munnilaikottai Road), an impractical and unsafe location for the event.
Feeling aggrieved, the petitioner filed a writ petition before the Madras High Court, seeking a direction to permit the use of the original open ground for the Annadhanam scheduled on November 3, 2025.
Court’s Observations and Reasoning
Justice Swaminathan began his judgment by emphasizing India’s secular foundations:
“We are a secular, democratic republic. Our Constitution came into force on 26.01.1950. Any pre-constitutional arrangement that is not in accord with the constitutional provisions and ethos cannot be allowed to continue.”
He clarified that a public ground must be available for the use of all communities or none, adding that the State cannot discriminate based on religion.
“I cannot accept the submission that while Christians can use the ground on Easter but Hindus cannot conduct Annadhanam in the very same place,”
the judge remarked.
The Court noted that the act of serving food (Annadhanam), especially in connection with a temple ritual, is an expression of one’s faith and can therefore be protected under Article 25, which ensures the freedom to practice and propagate religion.
Justice Swaminathan categorically held that:
“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 Court further stated that it is the duty of local administration and police to uphold fundamental rights, rather than taking the “easy option” of denying permissions in the name of law and order. Any issues of public peace should be handled appropriately without curbing citizens’ rights.
Allowing the petition, the Court set aside the Tahsildar’s rejection order and permitted the petitioner to hold Annadhanam in the originally requested public ground.
The judge directed the petitioner to restore the ground to its original condition after the event, and ordered the Superintendent of Police, Dindigul, to ensure that the event passes off peacefully.
“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,”
the Bench noted.
Appearance:
Petitioner: Advocate P.Manikandan
Respondent: Special Government Pleaders P.Subbaraj, M.Lingadurai, Government Advocate (Crl. Side) A.Albert James, Advocate A.John Vincent
Case Title:
K.Rajamani v. The Joint Commissioner & Ors.
W.P.(MD)No.30834 of 2025
READ ORDER
