Chennai: The HC bench, while setting aside an order of a single judge which prescribed a dress code, said first of all, prescribing a dress code for the devotees worshipping in temples was not an issue, which arose directly or indirectly in the petition (which sought a direction to permit the petitioner to conduct a festival at a temple in Tiruchy).
Secondly, there was no prayer by the petitioner seeking the prescription of a dress code for the worshippers in Hindu temples. Thirdly, the prayer of the petitioner had practically become infructuous, as the main relief claimed by him was granted by the interim order itself and that order had also been complied with and therefore, there was nothing in the petition to be further adjudicated. Hence, the directions issued by the single judge beyond the scope of the list that was before him, cannot be approved.
The bench said, as a knee jerk reaction to the debate created by the judgment of the judge, the Commissioner for HR & CE issued a circular directing the Board of Trustees of the respective temples to take a decision on the issue, keeping in mid the customary practices prevailing in the temple, the prescriptions contained in the particular Agama on the basis of which, the temple was consecrated and also keeping mind the Rules framed under the TN Temple Entry Authorization Act.
