K.Kannaiyan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.10571 & 10572 of 2023 1.K.Kannaiyan 2.A.V.M.Kasinathan 3.S.Vijayabalan
...Petitioners
Vs.
1.The District Collector, Collector Office, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai.
4.The Tahsildar, Taluk Office, Peravurani 5.The Inspector of Police, Peravurani Police Station, Peravurani.
6.A.K.Kannan 7.S.Kannan 1/6
8.A.Ravi 9.V.Viswanathan 10.O.Kannusamy 11.A.Uthirasu 12.G.Rajan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to take action against the respondents 6 to 12 for committing excommunication and further forbearing the respondents 6 to 12 in anyway committing any further acts of ex-communication of Paraiyar Community people of Rettavayal Village, Peravurani Taluk, Thanjavur District from participating in the Sri kannamudaiyar Temple, Temple festival to be conducted on 05.06.2023 or any other future dates as well as the all festivals in future including all other connected rituals, customs and functions in a respectful and rightful manner. For Petitioners : Mr.M.P.Senthil For R-1 to R-5 : Mr.A.Albert James, Government Advocate (Criminal Side) For R-6 to R-9, : Mr.Ramesh Mahadev R-11 & R-12
ORDER
This Writ Petition has been filed for the issue of Writ of Mandamus directing respondent Nos.1 to 5 to take action against 2/6
respondent Nos.6 to 12 on the ground that those private respondents have ex-communicated the petitioners and they were prevented from participating in the temple festival.
2. When the matter came up for hearing today on 24.05.2023, an interim order was passed and a direction was given to the Tahsildar to conduct a Peace Committee Meeting. After the Peace Committee Meeting was conducted, the parties were not able to come to any compromise and therefore, no temple festival was conducted in the year 2023.
3. The learned counsel appearing on behalf of the private respondents submitted that in the year 2024, the temple festival was conducted in a peaceful manner without giving rise to any untoward incident.
4. The learned Government Advocate (Criminal Side) appearing on behalf of the respondent Police submitted that the Police will ensure that every person is permitted to participate in the temple festival and no one is prevented from such participation. Insofar as the other specific rights claimed regarding the first honour etc., the Police will not interfere with 3/6
the same and if there is any dispute on such issues, the parties must only work out their remedy in the manner known to law.
5. The main grievance that was expressed by the petitioner has now been sufficiently redressed by the official respondents. It is made clear that no one will be prevented from participating in the temple festival, whenever it is conducted. The Police will ensure that no untoward incident takes place and the temple festival shall be conducted in a peaceful manner. In view of the same, such direction will also enure in favour of the petitioners.
6. This Writ Petition is disposed of in the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 08.11.2024 Index :Yes/No Internet : Yes/No TSG To 1.The District Collector, Collector Office, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
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3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai.
4.The Tahsildar, Taluk Office, Peravurani 5.The Inspector of Police, Peravurani Police Station, Peravurani.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N.ANAND VENKATESH.J., TSG Order made in Dated :
08.11.2024 6/6