A.Kanniyappan v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.12676 of 2023 1.Mr.A.Kanniyappan 2.Mr.A.Subramani 3.Mr.K.Parameswaran 4.Mr.M.Velmurugan @ Suresh 5.Mr.M.Murugesan 6.Mr.A.Manikandan ... Petitioners -vs1.The Secretary, Home Department, Represented by State Government of Tamil Nadu, St. George Fort, Chennai.
2.The District Collector, Karur District, 3.The Superintendent of Police, Karur District,
4.The Tahsildar, Kadavur Taluk, O/o.Tharakapatti, Karur District.
5.The Inspector of Police, Chinthamanipatti Police Station, 6.Sri Periya Kandiamman Sri Kannimar and 21 Pandi Deities, Represented by Orali Gavunder Narangapiriyan Pangaligal, In laws and Village People, Veeralipatti Western Side Village, Kadavur Taluk, Karur District.
7.Mr.Thangavel 8.Mr.Rajamani 9.Mr.Palanichamy 10.Mr.Palanichamy 11.Mr.Muniyappan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 6 to 11 to allow petitioners to worship the Deity, religious customary Rituals and the Temple pangalis tax collecting from petitioners and accordingly the respondents 2 to 5 to protect the petitioner's constitutional right under the
Articles 14, 15 and 25 of the Constitution of India based upon the representations dated 17.04.2023, 11.05.2023 and 19.05.2023. For Petitioners :
Ms.A.Pramila for Mr.G.Vidhya Maheswaran For Respondents :
Mr.A.Kannan, Addl. Government Pleader for R1 to R5
O R D E R
The learned counsel for the petitioners submitted that the peace committee earlier held did not end-up amicably and there exists a dispute between the private respondents and the petitioners. It is also her submission that the private respondents are preventing them attending the temple festival, which is being conducted right now till 07.06.2023.
2. The entire dispute seems to be revolving around an inter-caste marriage in the petitioners' community people. The denial of worship for the petitioners in the temple during the aforesaid days would be in violation of Articles 14 and 25 of the Constitution of India. Since the
festival is going on, this Court is of the view that the third respondent herein may be directed to depute the Deputy Superintendent of Police to consider the petitioner's representation dated 19.05.2023, on its own merits and pass appropriate orders in accordance with law.
3. In the light of the above findings, there shall be a direction to the third respondent to depute the Deputy Superintendent of Police to consider the petitioner's representation dated 19.05.2023 on its own merits and pass appropriate orders in accordance with law on or before 27.05.2023.
4. This Writ Petition stands disposed of accordingly. No costs. 25.05.2023 NCC : Yes/No Index : Yes/No vsm Note: Issue order copy on 26.05.2023
To:
1.The Secretary, Government of Tamil Nadu, Home Department, St. George Fort, Chennai.
2.The District Collector, Karur District, 3.The Superintendent of Police, Karur District, 4.The Tahsildar, Kadavur Taluk, O/o.Tharakapatti, Karur District.
5.The Inspector of Police, Chinthamanipatti Police Station,
M.S.RAMESH, J.
vsm 25.05.2023