← Library
Madras High CourtWP(MD)/14266/2019disposed of

T.Palanisamy v. The District Collector,

2019-06-26Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.14266 of 2019 T.Palanisamy ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Revenue Divisional Office, Srirangam Taluk, Trichy District.

3.The Tahsildar, Srirangam Taluk, Trichy District.

4.The Inspector of Police, Ramji Nagar Police Station, Trichy District.

5.Sakthivel 6.Thavasu ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take action against the fifth and sixth respondents for excommunicating the petitioner's family and other 29 families in his village and further to take steps to collect taxes from the petitioner's family and other 29 families for the festival of Arulmigu Mariamman Thirukovil, Aruvakudi, Manikandam, Srirangam Taluk, Trichy District which is to be conducted on 07.07.2019, from the petitioner and 29 families and also to permit the petitioner's

family and other 29 families who are excommunicate to participate in the temple festival of Arulmigu Mariamman Thirukovil, Aruvakudi, Manikandam, Srirangam Taluk, Trichy District. For Petitioner : Mr.AN.Ramanathan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader for R.1 to R.4

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J) The petitioner claims that he belongs to Scheduled Caste (Pallar) Community and he came forward to file this Writ Petition styled as a Public Interest Litigation alleging that the respondents 5 and 6 also belong to the same community and they are preventing 30 families from participating in the temple festival of Arulmigu Mariamman Thirukovil situated at Aruvakudi, Manikandam, Srirangam Taluk, Trichy District for the past 30 years and repeated representations submitted in this regard failed to invoke any kind of response and the last of said representation was submitted on 07.05.2019, which was acknowledged on 18.06.2019.

2. The learned Counsel appearing for the petitioner would submit that for the current year, the festival is going to be celebrated on 07.07.2019 and atleast, this year the members of the said 30 families may be allowed to participate in the temple rituals and functions and hence, prays for appropriate orders.

3. Mr.A.K.Baskara Pandian, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 4 and would submit that even as per the own case of the petitioner, the members of 30 families are excommunicated for the past 30 years and thereby the members of 30 families are prevented from participating from the temple festival and with regard to that, no representations have been submitted or produced before this Court so far, except the latest representation dated 07.05.2019 and on instructions would add that the second respondent may be directed to consider and dispose of the representation within a stipulated time.

4. This Court carefully considered the rival submissions and perused the materials placed before this Court.

5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim as projected by the petitioner either in the representation or in this Writ Petition, directs the second respondent to consider the representation, dated 07.05.2019, a copy of which has been marked to him and dispose of the same on

merits, after adhering to the principles of natural justice. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the persons concerned.

6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Revenue Divisional Office, Srirangam Taluk, Trichy District.

3.The Tahsildar, Srirangam Taluk, Trichy District.

4.The Inspector of Police, Ramji Nagar Police Station, Trichy District.

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-72080[F] dated 28/06/2019 ) +1 CC to M/s.SPL GP ( SR-72005[F] dated 27/06/2019 ) W.P.(MD)No.14266 of 2019 26.06.2019 SSL KK/SAR/24.07.2019/3P-7C