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Madras High CourtWP(MD)/11268/2024disposed of

V.Balamurugan v. The District Collector

2024-05-22Honourable Ms Justice R.N.Manjula7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA V.Balamurugan ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedasandur, Dindigul District.

4.The Deputy Superintendent of Police, Vedasandhur, Dindigul District.

5.The Inspector of Police, Eriyodu Police Station, Dindigul District.

6.Bagavathsingh Palanisamy 7.Murugan 8.Sekar 9.Thangammal

...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take action against the respondents 6 and 9 for ex-communicating the petitioner and his family from the temple and consequently directing the first respondent to protect the right of the petitioner and his family to participate and perform their customary rights etc., in the festival of Sri Sakthi Vinayagar, Sri Kaliyamman, Sri Mariyamman, Sri Bagavathi Amman, Sri Manthai Muniyappan, Sri Kulathukari Malayalthu Karuppasamy Temple situated at Karisalpatti, Chithoor Village, Vedasandur Taluk, Dindigul District.

For Petitioner : Mr.P.Manikandan For R1 to R3 : Mr.A.Baskaran Additional Government Pleader For R4 & R5 : Mr.RMS.Sethuraman

O R D E R

The petitioner has filed this writ petition seeking direction to the first respondent to take action against the respondents 6 and 9 for excommunicating the petitioner and his family from the temple and consequently directing the first respondent to protect the right of the petitioner and his family to participate and perform their customary rights 2/7

etc., in the festival of Sri Sakthi Vinayagar, Sri Kaliyamman, Sri Mariyamman, Sri Bagavathi Amman, Sri Manthai Muniyappan, Sri Kulathukari Malayalthu Karuppasamy Temple situated at Karisalpatti, Chithoor Village, Vedasandur Taluk, Dindigul District.

2. Heard Mr.P.Manikandan, learned counsel appearing for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.RMS.Sethuraman, learned Additional Public Prosecutor appearing for the respondents 4 and 5.

3. Earlier, the petitioner has filed a writ petition in W.P. (MD).No.9355 of 2023, wherein the following observations have been made by this Court, on 21.04.2023:

"3.It is stated that a Peace Committee Meeting is scheduled in the evening today. Let the respondents 4 and 5/Tahsildar, Vedasandur Taluk, Dindigul District and Inspector of Police, Vedasandur Police Station, Dindigul District, convene the Peace Committee Meeting and the petitioner cannot be prevented from participating in any 3/7

function in the temple and to that effect, let there be an agreement among everybody in the village.

4.It is stated that the petitioner is preventing the Villagers from using a pathway and has put up a fence. The petitioner may also examine that particular aspect."

4. The very same petitioner has filed the above writ petition seeking for the relief in respect of Maha Kumbabhishegam that was held to be conducted on 22.04.2023 and 24.04.2023. Now, this writ petition has been filed in respect of the temple festival for which also the petitioner was not allowed to participate.

5. It is up to the petitioner to give a representation to the official respondents 1 to 5 in order to enable them to take appropriate action in a similar fashion that has been taken during Maha Kumbabhishegam and pass appropriate orders.

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6. With the above observation, this Writ Petition is disposed of. No costs.

22.05.2024 NCC: Yes/No Index : Yes/No Internet:Yes/No Note: Issue order copy on 23.05.2024.

akv To 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Vedasandur, Dindigul District.

4.The Deputy Superintendent of Police, Vedasandhur, Dindigul District.

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5.The Inspector of Police, Eriyodu Police Station, Dindigul District.

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R.N.MANJULA,J.

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