Senthil Kumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8700 of 2022 Senthil Kumar ... Petitioner Vs.
1.The District Collector, Trichy District, Trichy.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Wing, Trichy.
3.The Executive Officer, Hindu Religious and Charitable Endowments Wing, Poovalur, Lalgudi Taluk, Trichy District.
4.The Inspector of Police, Siruganur Police Station, Trichy District.
5.Thirumalai 6.Ramakrishnan 7.Narayanasamy 8.Ammasi 9.Kalyasundaram 10.Panthal Kamaraj 11.Kandasamy 12.Ramaraj 13.Dharmar 14.Karuppaiah 15.Krishnamoorthy 16.Manivel 17.Natarajan 18.Seenivasan 19.Maruthaveeran 20.Prabhu 21.Ladathara Seitu Rengaraj 22.Varatharaj ... Respondents 1/3
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to take action against the respondents 5 to 22 for their illegal act of excommunication of the petitioner from the village by considering the petitioner's representation dated 08.06.2022.
For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Lingadurai, Addl. Govt. Pleader for R1, R2 & R4 Mr.V.Chandrasekar for R3 Mr.C.Vinoth Kumar for R11, 19, 23 & 27
ORDER
Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1, 2 and 4, the learned counsel counsel for the third respondent and the learned counsel for some of the private respondents.
2.The petitioner belongs to scheduled caste community. His grievance is that the persons belonging to scheduled caste are prevented from participating in the petition mentioned temple festival.
3.The learned counsel for the some of the private respondents as well as the learned counsel for the third respondent denied the said assertion. They make it clear and they clarified that the petitioner as well all the other persons including the persons belonging to scheduled caste can very well participate in the petition mentioned temple festival. They deny all the allegations regarding excommunication. The stand taken by the learned counsel for the third respondent and the learned counsel for some of the private respondents is placed on record. I make it clear that the petitioner is very well entitled to offer his worship to the deity, when the deity is taken on procession through the customary route. The procession is likely to take two hours and since serious allegations have been made by the petitioner, the fourth respondent is directed to deploy police personnel to ensure that the rights of the scheduled caste persons are upheld.
4.The petitioner specifically alleges that what is known as vari is not being collected from the members of the scheduled caste community. The learned counsel appearing for the trustees states that the festival is being conducted by accepting donations and sponsorship and that no vari is being collected. The said submission is placed on record. If this submission turns out to be false, it is always open to the petitioner to initiate contempt proceedings before this Court.
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5.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To:
1.The District Collector, Trichy District, Trichy.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Wing, Trichy.
3.The Executive Officer, Hindu Religious and Charitable Endowments Wing, Poovalur, Lalgudi Taluk, Trichy District.
4.The Inspector of Police, Siruganur Police Station, Trichy District.
+1 CC to M/s.T. LENIN KUMAR, Advocate (SR-26878[F] dated 20/06/2022) +1 CC to M/s.R. ARUNSANNASI, Advocate (SR-26977[F] dated 20/06/2022) +1 CC to M/s.SPL.GP ( SR-27109[F] dated 21/06/2022 ) 20.06.2022 NSN(CO) GC(29.06.2022) 3P 8C 3/3