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Madras High CourtWP(MD)/10537/2023disposed of

Balamurali Krishnan K v. The District Collector

2023-06-13Honourable Mr Justice C.V. Karthikeyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P.(Md)No.9359 of 2023 K.Balamurali Krishnan ... Petitioner vs.

1.The District Collector, Collectorate, Sivagangai District.

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

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, Sivagangai District.

5.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

[R5 suo motu amended vide order dated 28.04.2023] 6.P.Kalimuthan @ Muthu 1/6

7.M.Gunabalan 8.T.Kannaiah 9.M.Manikandan 10.A.Ramesh 11.A.Gunasekaran 12.P.Muniyandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 in convene Peace Committee Meeting before granting any permission in respect of the proposed Chitra Temple Festival which is going to be conducted in the Senkuladhu Muneeswarar Kaval Theivam situated at Sakkanthi Village, Sivagangai Taluk, Sivagangai District and consequently, direct the respondents 1 to 5 to take necessary action to ensure the participation of the petitioner's and other families in all the festivals which is going to held in the Senkuladhu Muneeswarar Kaval Theivam Temple by considering the petitioner representation dated 10.03.2023. For Petitioner : Mr.K.Dinesh For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (for R1 to R5) No Appearance (for R6 to R12) 2/6

O R D E R

The writ petition has been filed in the nature of Writ of Mandamus, seeking a direction to the respondents 1 to 5 to convene the Peace Committee Meeting before granting any permission for conducting temple festival in Senkuladhu Muneeswarar Kaval Theivam at Sakkanthi Village, Sivagangai Taluk, Sivagangai District and take action against the respondents 6 to 12. 2.In the affidavit filed in support of the writ petition, it had been stated that there were some discrimination made by the respondents 5 to 12 as against the petitioner, by preventing the petitioner and his family and relatives from participating in the temple festival, in the aforementioned temple. A Peace Committee Meeting was conducted on the directions of this Court dated 10.05.

2023 by the fourth respondent/Tahsildar and the decision taken in the said Peace committee Meeting had been forwarded to this Court. 3.

Sakkanthi Village, Sivagangai Taluk, Sivagangai District. If any discrimination or objection is made by any party, the petitioner or any affected persons have a right to give a complaint to the fourth respondent/Tahsildar, Sivagangai Taluk, Sivagangai District and the fifth respondent/Inspector of Police, Sivagangail Taluk Police Station, Sivagangai District. A specific direction is issued to the aforementioned two officials to immediately take on record the complaints. That apart, also to conduct an enquiry into the same and enunciate that equality in worshipping before the said temple is upheld by everybody. This would apply not only to day to day worship but specifically to every special festival conducted in the said temple.

4.With the above observations and directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions is closed. 13.06.2023 Index : Yes / No Internet : Yes / No sji 4/6

To 1.The District Collector, Collectorate, Sivagangai District.

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

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, Sivagangai District.

5.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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C.V.KARTHIKEYAN ,J.

sji 13.06.2023 6/6