The Madras High Court on Monday set aside the order of a single judge recommending a dress code for devotees visiting temples in Tamil Nadu to offer worship stating that it went beyond the scope of the litigation that was before him.

On November 11, 2015, Justice S. Vaidyanathan had imposed a dress code “to enhance the spiritual ambience among devotees”. Accordingly, men had to wear dhoti or pyjamas with upper cloth or formal trousers with shirt, for women it was to be a saree, half saree with blouse, churidar with upper cloth, while for children it was a fully covered dress.

Accordingly, the State Government implemented the dress code for devotees entering temples in Tamil Nadu from January 1, 2016.

Following a petition from a women organisation and the State Government challenging a single judge order, the case came up for hearing before a Division Bench of Justices V. Ramasubramanian and K. Ravichandra Babu. The judges set aside the order stating that courts were not expected to adjudicate any matter academically in the absence of real litigation between parties, and were not entitled to create a controversy and adjudicate upon the same.

The actual case was to direct the police to grant permission for a cultural programme at Sri Shenbaga Vinayagar Temple in Tiruchi.

On Monday the Bench also said that the prayer of the writ 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 writ petition to be further adjudicated.