The Madurai Bench of the Madras High Court has ruled that non-Hindus who do not express reverence for the concerned deity through the prescribed undertaking cannot be permitted to enter temple premises, particularly Agamic temples governed by specific religious customs.
Background
The petitioner approached the Court seeking action against alleged violations of the Tamil Nadu Temple Entry Authorisation Act, 1947, and relevant provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. He requested the authorities to enforce temple-entry restrictions and establish appropriate mechanisms to address complaints.
The Bench examined earlier decisions, including Kalyan Dass v. State of Tamil Nadu and D. Senthilkumar v. Government of Tamil Nadu, alongside statutory provisions governing temple administration and religious practices.
The Court emphasised that the judgment concerned Agamic temples and the preservation of their established religious customs. It distinguished restrictions based on religious affiliation from historical caste-based exclusions affecting Hindu worshippers.
The Bench observed,
“We hold that usages and customs of temple cannot kneel down before such display of Chamchagiri and optics.”
It also examined Section 24(4) of the HR&CE Act, which provides that the provision does not authorise a non-Hindu to enter the premises or place covered by it.
Addressing the undertaking requirement, the Court stated,
“This subscription must be in the format prescribed by the institution concerned.”
The Bench held that non-Hindus who do not sign the prescribed undertaking cannot be permitted to cross the flagpole within Agamic temples. It further ruled that entry into temple premises cannot be permitted to non-Hindus displaying religious markers without expressing reverence for the deity concerned.
The Court allowed the writ petition on these terms and made no order as to costs.
Case Details
Case Title: Thangam Venkatesh v. State of Tamil Nadu and Others
Case Number: W.P.(MD) No. 30452 of 2026
Judges: Justice G.R. Swaminathan and Justice P. Murugan
Decision Date: October 23, 2026
