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Madras High CourtWP/15401/2016disposed of

Jegadeeskumar, v. The District Collector,

2016-06-02Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15401 of 2016 Jegadeeskumar ... Petitioner Vs The District Collector Erode District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 15.06.2015 seeking protection from social ostracism in not permitting the petitioner to participate in the Mariamman Temple festival belonging to the Nadar Community situated at Jamabai Village Erode District within the time fixed by this Honourable Court.

For Petitioner : Mr.I.C.Vasudevan For Respondents : Mr. R.Govindasamy Special Government Pleader

ORDER

The learned counsel appearing for the petitioner would submit that the petitioner is a resident of Jamabai village, Erode District and belongs to Nadar community. There is a Mariamman Temple belonging to the said community which exists for more than 100 years and every year, temple festival is celebrated by the said community people.

2. According to the learned counsel for the petitioner, a relative of the petitioner is married outside his caste and therefore, he is prevented entry into the temple and also from participating in the temple festival and in this regard, he submitted a representation dated 15.6.2015 to the first respondent pointing out the said illegality. Since no orders https://hcservices.ecourts.gov.in/hcservices/

have been passed, the petitioner is constrained to file this writ petition.

3. Heard the submissions of Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondent and would submit that the Tahsildar, Bhavani may be directed to conduct enquiry.

4. This Court in the light of the rival submissions and taking into consideration the facts and circumstances and without going into the merits of either the representation or the averments in the writ petition, directs the District Collector to forward the petitioner's representation, dated 15.6.2015 to Tahsildar, Bhavani within a period of two weeks from the date of receipt of a copy of this order and the Tahsildar, Bhavani on receipt of the same is directed to consider the said representation on merits and in accordance with law and pass orders within a period of three weeks, thereafter and communicate the decision taken, to the petitioner.

5. Writ petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kua To:

1.The District Collector Erode District.

2.The Tahsildar, Bhavani, Erode District.

W.P.No.15401 of 2016 SVI(CO) CA(14/06/2016) https://hcservices.ecourts.gov.in/hcservices/