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Madras High CourtWP(MD)/16696/2023disposed of

Maniyan .K v. The District Collector

2024-11-08Honourable Mr Justice N. Anand Venkatesh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH K.Maniyan ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Tahsildar,

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

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

6. R.Subbaiah

7. Perumal @ Mittai Perumal

8. Duraiyan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents No. 3 to 5 herein to take appropriate action against the 6th to 8th respondents for 1/6

ex-communicating the petitioner and his family members from the Village temple festival namely Arulmighu Sri Maha Kaliamman Temple, Kariyagoundan Pudur, Sriramapuram Post, Dindigul West Taluk, Dindigul District based on his representation dated 23.06.2023 and for other reliefs.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.S.Ravi Government Advocate (Crl. Side) for R1 to R5 Mr.A.Arul Jenifer for R6 & R7

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 3 to 5 to take action against the respondents 6 to 8 on the ground that the petitioner and his family members are being excommunicated and they are not permitted to attend the Temple festival by collecting contribution from them. 2.When the matter came up for hearing on 12.07.2023, this Court passed the following order:- "This Writ Petition is filed seeking for a direction to the respondent police to dispose of the representation 2/6

dated 23.06.2023 given by the petitioner.

2. According to the learned counsel for the petitioner, that the petitioner was ex-communicated by respondent Nos.6 to 8, who have been functioning as Managing Trustees of Arulmighu Sri Maha Kaliamman Temple, Kariyagoundan Pudur, Sriramapuram Post,

3. It is submitted that every year, during the month of April, the villagers will use to celebrate the festival in the said temple. Similarly, this year also, the villagers have decided to conduct the festival from 11.07.2023 to 13.07.2023 and however, the villagers in every family was asked to contribute a sum of Rs.3,000/-. However, respondent Nos.6 to 8 have refused to collect the said contribution of Rs.3,000/- from the petitioner's family. In respect of that, the petitioner has given a representation, but, that has not been attended too by the Police.

4. Learned Government Advocate (Criminal Side) submitted that the allegations levelled by the petitioner 3/6

that he was ex-communicated by all the villagers is not correct. According to him, the petitioner has misappropriated the temple funds and all the villagers have asked him to submit the accounts, for which, the petitioner is not inclined. However, learned Government Advocate (Criminal Side) undertook to make an enquiry, since the festival is stated to have been commenced today.

5. Learned Government Advocate (Criminal Side) is requested to instruct the concerned police to make an enquiry as to whether earlier where the petitioner was excommunicated and barred from participating in the temple festival and report to the same by 13.07.2023.

6. List this case on 13.07.2023."

3.When the matter was taken up for hearing today, the learned counsel appearing on behalf of the private respondents submitted that the contributions will be collected from the petitioner and the petitioner will be permitted to participate in the Temple festival. 4/6

4.Recording the above submission, this writ petition is disposed of.

08.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To

1. The District Collector, Dindigul District, Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Tahsildar,

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

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

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

N.ANAND VENKATESH,J.

PKN Dated:08.11.2024 6/6