Tamilan Muthaiya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.06.2025

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Tamilan Muthaiya ... Petitioner versus 1.The District Collector Tirunelveli District, Tirunelveli.

2.The Superintendent of Police Tirunelveli District, Tirunelveli.

3.The Sub Collector Cheranmahadevi, Tirunelveli District.

4.The Inspector of Police Kalakkad Police Station, Tirunelveli District.

5.Arumuga Nainar 6.Moondru Mugam 7.Mani @ Sankaran 8.Arumuga Nainar ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 4 to take appropriate action to permit the petitioners family to worship the Sri Murugan Temple, situating in Singikulam Village, Nanguneri Taluk on the eve of above temples Gurupoojai festival by considering the petitioner representation dated 19.06.2023 and 18.03.2024 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.Jeyakarthik For R1 to R4 : Mr.P.Kottaichamy, Government Advocate (Crl Side)

ORDER

The petitioner a resident of Sangikulam, Nanguneri Taluk, Tirunelveli District has approached this Court seeking a mandamus to direct the respondents 2 to 4 to take action as against the private respondents, who have prevented the petitioner and his family from worshipping in Sri Murugan Temple at Singikulam during the temple festival by considering his representation dated 19.01.2023 and 18.03.2024.

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2.Though the private respondents have entered appearance through Advocate, neither there is representation nor have they filed any counter to this writ petition.

3.The learned Government Advocate (Crl Side) appearing for respondents 1 to 4 submits that based on the petitioner's representation enquiry was conducted and during the enquiry the opposite faction has agreed to hand over the key to a common man in the village, namely one Mr.Gopal and they are not having any objection for the petitioner and his family to take part in the festival and offer their worship in the temple.

4.The petitioner has made averment in this writ petition that his family has been discriminated and prevented from offering prayers in the temple.

5.The temple in question is a public temple. No one is having the authority to prevent anyone from entering the temple and 3/6

offering prayers. The petitioner has submitted two representations, but they have not been acted upon. Therefore, the petitioner is made to file this writ petition.

6.Though this writ petition was filed in the year 2024, the respondents have not taken any steps and they have not filed any counter. Therefore this writ petition is allowed with a direction to the official respondents to conduct enquiry and find out if anybody is prevented from entering the subject temple and offering prayers or discriminated in this regard and take appropriate action against them, who are taking law into their hands. No cost. 09.06.2025 DSK 4/6

To 1.The District Collector Tirunelveli District, Tirunelveli.

2.The Superintendent of Police Tirunelveli District, Tirunelveli.

3.The Sub Collector Cheranmahadevi, Tirunelveli District.

4.The Inspector of Police Kalakkad Police Station, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

DSK 09.06.2025 6/6