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Madras High CourtWP(MD)/5604/2025disposed of

Kaliappan v. State Of Tamil Nadu Represented By

2025-03-03Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.4105 and 4106 of 2025 Kaliappan

...Petitioner

-Vs1.State of Tamil Nadu Represented by The Principal Secretary, Tourism, Culture and Religious Endowments Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The District Collector, Office of the District Collector, 4.The Superintendent of Police, Office of the District Superintendent of Police, 1/8

5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Sub Division, 6.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Room No.12, New Commercial Complex First Floor, Cotton Market Complex, Palladam Road, Tirupur-641 604.

7.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 11 AD Saminathapuram, 1st Cross Street, 8.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kulithalai, 9.The Inspector of Police, Palaviduthi Police Station, 10.The Executive Officer, Arulmigu Karunagirinathar Perumal Temple Office of the Executive Officer, Near Palaviduthi Police Station, 11.The Tahsildar, Kadavoor Taluk, Tharagampatti, 12.K.K.M.Mohankumar 2/8

13.Annavi 14.Murugananatham 15.Ulaganathan 16.Chokkalingam 17.T.C.Guruvayurappan 18.Andisamy 19.Thangavel 20.Sakthivel

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 11 to take appropriate action for allowing the Hindu Scheduled Castes community people to enter into Arulmigu Karunagirinathar Perumal Temple, Kadavoor Village, Karur District to worship, to provide due respect (Mariyathai) to the representatives of Devendra Kula Vellalar Community as similarly being provided to the other community members during upcoming Maasi Festivals in Arulmigu Karunagirinathar Perumal Temple, Kadavoor Village, Karur District, consequently direct the respondents 1 to 11 to permit the people belong to Hindu Scheduled Caste Devendra Kula Vellalar Community for performing Mara Chennai to Temple Car of Arulmigu Karunagirinathar Perumal Temple during upcoming Masi Festivals in accordance with law within the time stipulated by this Court.

For Petitioner : Dr.R.Alagumani For R1 to R3, R6, R7, R8 & R11 : Mr.P.Thilak Kumar Government Pleader For R4, R5 & R9 : Mr.A.Albert James Government Advocate For R2 : Mr.J.Parekh Kumar 3/8

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard Dr.R.Alagumani, learned counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 to 3, 6, 7, 8 & 11, Mr.A.Albert James, learned Government Advocate for the respondents 4, 5 & 9 and Mr.J.Parekh Kumar, learned counsel for the second respondent. Considering the nature of the order proposed to be passed in this writ petition, notice to the respondents 10 and 12 to 20 is dispensed with. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The grievance of the petitioner is that the petitioner Community people are entrusted the honour of 9th day car festival during Maasi festival in the temple, namely Arulmigu Karunanigirinathar Temple, Kadavoor Village, Karur District. However, the petitioner community people are deprived of their customary right during the festival. In this regard, the petitioner has made representation before the official respondents herein. However, the same was not considered. Hence, the petitioner has filed this writ petition. 4/8

4.The learned Government Pleader appearing for the official respondents submits that with regard to the issued involved in this writ petition, a peace committee meeting was conducted by the Sub Collector, Karur District on 28.02.2025. In the peace committee meeting it was agreed that everyone shall enter into the temple and to worship the god. Further, with regard to first right sought for by the petitioner, no agreement was reached and the petitioner was directed to redress the same before the Joint Commissioner/6th respondent herein. 5.Considering the facts and circumstances of the case, we direct the sixth respondent to consider the representation of the petitioner dated 26.02.

2025 by giving an opportunity of hearing to the petitioner as well as the respondents 12 to 20 and pass appropriate orders on merits and in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order. 6.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (S.S.Y.,J.) 03.03.

To 1.State of Tamil Nadu Represented by The Principal Secretary, Tourism, Culture and Religious Endowments Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai-600 009.

2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.The District Collector, Office of the District Collector, 4.The Superintendent of Police, Office of the District Superintendent of Police, 5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Sub Division, 6.The Joint Commissioner, Office of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Room No.12, New Commercial Complex First Floor, Cotton Market Complex, Palladam Road, Tirupur-641 604.

7.The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 6/8

11 AD Saminathapuram, 1st Cross Street, 8.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kulithalai, 9.The Inspector of Police, Palaviduthi Police Station, 10.The Tahsildar, Kadavoor Taluk, Tharagampatti, 7/8

J. NISHA BANU,J.

and S.SRIMATHY.J ta 03.03.2025 8/8