In respect of the treatment of the Nadar community, the custom varies in a perceptible, though not in a very wide, manner, in different localities in the Presidency. Even in the same District, the custom obtaining in villages is certainly more rigid than the custom obtaining in large towns. The custom obtaining in places where the Nadars have mostly dropped their usual caste occupation is again naturally more liberal towards them. Even in villages, if there is practically only a single biggood water well and the higher caste inhabitants are in a great minority, that big well is used by all castes indiscriminately, except the Sudras, whose pots are supplied by the higher caste men or women drawing water for them. 'In some social matters, the Shanars are treated as if there was no distinction between them and the Sudras, while in other respects, their treatment is full of what might almost be termed inconsistencies. But then caste and religious questions cannot be considered in a too rationalistic manner and, as I said before, if a Hindu custom is not too irrational or immoral and has been definitely and clearly established as prevailing for a very long period, Courts should give effect to it.

The Brahmins have a Perumal temple. The other caste people have a Pillayar temple. The water for the Abishekam of the idols in these temples is taken from the plaint well,--The Mariamman idol (worshipped by the Nadars) is taken to the suit well to have water sprinkled on it. If lower communities used the water in this well, we could not use the water in this well for the poojah in the Mariamman kovil. When Manajneer is sprinkled on the Mariamman, the Pandaram takes water from that well. The Pandaram is not a Nadar. He is a man of higher caste."

After this, it seems sufficient to say that the parol evidence on the side of the plaintiffs to the effect that they were allowed till recently, and enjoyed the right, to draw water directly from this well, [though the Pillais and other castes connsider them (Shanars) as a polluting caste], was rightly rejected by the lower Court as false. There is reliable evidence to show that after the Shanars in the year 1906 taking advantage of a magisterial order, drew water directly from this well for a few days, a purificatory ceremony had to be performed before the higher castes could use the well again. The custom of excluding the Shanars and the still lower castes from directly drawing water from this outside well must, therefore, be upheld by the Courts, whether it appears quite reasonable to civilized nations or not Having regard, again, to the attempts of the Nadars in the Madura and Tinnevelly Districts from at least 1897 (as shown by the history of the Kamudi temple case ) to aggressively establish their right as of equal caste status with Pillais, Mudaliars and Maravars and the counter-attempts of the latter castes to thrust back the Nadars to lower and lower levels, the documentary evidence on both sides, which has come to existence after 1897 and especially during the pendency of this suit, is also of very little weight.