Kannan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kannan ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Sub-Division, Sivagangai.
3.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
4.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
5.S.Venkateswaran ... Respondents 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 to 3, shall ensure proper and peaceful worship of deity Arulmighu Sri Jegamuthu Mariyamman temple, Kalaiyarkovil, Sivagangai District and to conduct the temple festival scheduled to be held on 16.04.2024 to 26.04.2024 without being 1/4
any discrimination among devotees/villagers by giving any special honour or status and Mandagapadi rights to anyone during temple festival and to follow all other existing custom and practice by considering the representation of the petitioner dated 03.04.2024.
For Petitioner : Mr.A.Mohan For Respondents : Mr.T.Villavankothai, Addl. Government Pleader for R1 to R3.
Mr.Albert James, Government Advocate (Crl. Side) for R4.
ORDER
Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned Government Advocate (Crl. Side) for the fourth respondent. 2.From a reading of the averments set out in the affidavit filed in support of the writ petition and after hearing the contentions of the learned counsel for the petitioner, I am satisfied that only a private dispute has been projected before this Court. The petitioner is not having a issue with the government officials or the jurisdictional police. His fight is with the fifth respondent only. The learned counsel for the petitioner states that the fifth respondent is introducing new features in the temple festival by conferring special respect for 2/4
certain chosen individuals. Relief against private individuals cannot be sought in writ jurisdiction unless it amounts to practice of untouchability and excommunication. I make it clear that I have not gone into the merits of the matter.
3.Granting liberty to the petitioner to work out his rights in the manner known to law, this writ petition is disposed of. No costs. 10.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Sub-Division, Sivagangai.
3.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District.
4.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
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G.R.SWAMINATHAN, J.
ias 10.04.2024 4/4