K.Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10454 of 2024 K.Kumaresan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Sub Division, 4.The Tahsildar, Devakottai Taluk Office, 5.The Inspector of Police, Velayuthapattinam Police Station, 6.K.Shanmuganathan 7.K.Selvakumar 8.S.Nattarasan 9.S.Ganesan 1/4

10.S.Rasu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to permit the petitioner and all other families to participate in Arulmigu Mariyamman Temple Festival on 30.04.2024 at Kovilpatti village, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 20.04.2024.

For Petitioner : Mr.N.Saravanan For Respondents : Mr.D.Sasi Kumar, Addl. Government Pleader for R1, R3 & R4.

Mr.Albert James, Govt. Advocate (Crl. Side) for R2 & R5.

ORDER

Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1, 3 and 4 and the learned Government Advocate (Crl. Side) for the respondents 2 and 5. Issuance of notice to the private respondents is dispensed with.

2.The petition mentioned temple festival is to be held on 30.04.2024. The petitioner cannot demand or insist that vari should be collected from him also. But then, the petitioner cannot be excommunicated or prevented from 2/4

participating in the event. These are fundamental and constitutional rights. I, therefore, declare that the petitioner is entitled to participate in the petition mentioned event like any other devotee. If the petitioner is prevented from participating in the event, the petitioner can lodge a complaint before the jurisdictional police and it will be their duty to take remedial action. 3.With this declaration in favour of the petitioner, this writ petition is disposed of. No costs.

29.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 29.04.2024.

To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai Sub Division, 3/4

G.R.SWAMINATHAN, J.

ias 4.The Tahsildar, Devakottai Taluk Office, 5.The Inspector of Police, Velayuthapattinam Police Station, 29.04.2024 4/4