Narayanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.3962 of 2024 Narayanan ... Petitioner Vs.

1.The District Collector, Nagercoil, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Revenue Divisional Officer, Agastheeswaram Taluk, 4.The District Revenue Officer, Office of the Revenue Department, Nagercoil, 1/6

5.The Tahsildar, Agastheeswaram Circle, 6.The Arulmigu Perumal Pillaiyar Swami Trust, Kottar Ezhavar Community, Represented by its Administrators, K.S.Muthu, S/o.Kumaravel, Kottar, Nagercoil, 7.The Arulmigu Perumal Pillaiyar Swami Trust, Kottar Ezhavar Community, Represented by its Administrators, S.Manikumar, S/o.Shanmugam, Kottar, Nagercoil, 8.The Arulmigu Perumal Pillaiyar Swami Trust, Kottar Ezhavar Community, Represented by its Administrators, B.Subramanian, S/o.Boothalingam, Kottar, Nagercoil, 9.Arulmigu Perumal Pillaiyar Swami Trust, Kottar Ezhavar Community, Represented by its Treasurer, P.Nagarajan, S/o.Purusothaman, Kottar, Nagercoil, ... Respondents 2/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to take appropriate action against the respondents 6 and 9 for excommunicating the petitioner and his family members by way of resolution dated 03.03.2023 and consequently directing the respondents 1 and 2 to permit the petitioner and his family members to take part in the General Body Meeting in the sixth respondent temple Arumuga Perumal Pillayar Swami Trust going to be held on 23.02.2024 after collecting Vari and rent with adequate Police protection.

For Petitioner : Mr.M.Siva Sankar For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1, R,3 to R.5 Mr.A.Albert James Government Advocate (Crl Side) for R.2

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Government Pleader appearing for the respondents 1, 3, 4 & 5 and the learned Government Advocate appearing for the second respondent.

3/6

2.After hearing the learned counsel on either side, I am not satisfied that the case of ex-communication has been made out. It appears that the petitioner is having some disputes with his brother and as a result he is not being allowed to take part in the general body meeting of the community trust. This will not amount to excommunication. The petitioner's remedy is elsewhere. 3.Granting such liberty to the petitioner, this writ petitioner is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The Superintendent of Police, Office of the Superintendent of Police, 4/6

3.The Revenue Divisional Officer, Agastheeswaram Taluk, 4.The District Revenue Officer, Office of the Revenue Department, Nagercoil, 5.The Tahsildar, Agastheeswaram Circle, 5/6

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.3962 of 2024 22.02.2024 6/6