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Madras High CourtWP(MD)/10136/2025disposed of

Siva.T v. The District Collector

2025-11-27Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and W.M.P.(MD) No.7561 of 2025 T.Siva ... Petitioner Vs.

1.The District Collector, District Collectorate Premises, Kanniyakumari District.

2.The Revenue Divisional Officer, Nagercoil, Kanniyakumari District.

3.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

4.M.Sivakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings in No.C2/12375/2018 dated 27.03.2025 passed by the third respondent and quash the same as illegal and consequently direct the first to third respondents to initiate Page No. 1 of 6

legal action as against the fourth respondent for the illegal act of excommunication committed by him.

For Petitioner : Mr.C.M.Arumugam For R1 to R3 : Mr.A.Oliraja Government Advocate For R4 : Mr.D.Nallathambi *****

O R D E R

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings dated 27.03.2025 bearing Reference No.C2/12375/2018 passed by the third respondent, quash the same as illegal, and consequently direct the first to third respondents to initiate legal action against the fourth respondent for the illegal act of excommunication committed by him.

2. It is the case of the petitioner that the fourth respondent is refusing to collect the Kodai Festival tax from the petitioner and his brothers, and therefore is guilty of excommunication. It is also the case of the petitioner that a peace committee meeting was conducted by the second respondent, and a decision was taken on 27.03.2025, wherein the Page No. 2 of 6

petitioner was advised to approach the civil court. Against the said order, the present writ petition has been filed.

3. The learned counsel for the fourth respondent would submit that the fourth respondent has not prevented either the petitioner or his brothers from worshiping in the temple; that the non-collection of tax is not due to any act of excommunication but is on account of the fact that the petitioner does not practice Hindu religion; and that the petitioner's brother had committed a serious offence during the temple festival.

4. The learned counsel for the petitioner, however, would object to the same, stating that the reasons assigned by the fourth respondent and other villagers to prevent the petitioner and his brothers from paying the Kodai Festival tax and participating in the temple festival are not correct, and that the petitioner is a Hindu by birth and practices only Hinduism.

5. From the impugned order and the submissions made by the learned counsel for the petitioner and the learned counsel for the fourth respondent, it appears that the dispute is between the petitioner on one hand and the other villagers, headed by the fourth respondent, on the other Page No. 3 of 6

hand. It does not appear to be a case of excommunication. If the petitioner is aggrieved by any act of the fourth respondent or the other villagers, it is open to him to seek an appropriate remedy before the civil court. This Court cannot adjudicate such a dispute in this writ petition.

6. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 27.11.2025 JEN/ARS Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The District Collector, District Collectorate Premises, Kanniyakumari District.

2.The Revenue Divisional Officer, Nagercoil, Kanniyakumari District.

3.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.

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

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SUNDER MOHAN , J.

JEN/ARS 27.11.2025 Page No. 6 of 6