Ammasi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ammasi ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Singampuneri Taluk, 4.The Deputy Superintendent of Police, Thiruppathur, 5.The Inspector of Police, Ulagampatti Police Station, 6.Chinnaiah 7.Periyasamy 8.Sekar ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate steps against 6th to 8th respondents for excommunication of the petitioner's family and his relatives based on the representation dated 03.04.2024.

For Petitioner : Mr.N.Jothivel For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 to R3 : Mr.A.Albert James Government Advocate (Crl.side) for R4 & R5

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for R1 to R3 and the learned Government Advocate (crl.side) for R4 & R5. Issuance of notice to R6 to R8 is dispensed with.

2. The petitioner alleges that he has been excommunicated and that he and his relatives are not being allowed to offer their worship in the petition mentioned temple festival. Ex-communication in any form is unconstitutional. The petitioner has fundamental right under Article 25 of the Constitution of India to offer his worship. The temple festival is to be held on 04.08.2024 at Velampatti Village, Singampunari Taluk.

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3. This Court declares that the petitioner is entitled to offer his worship like any other devotee. The petitioner will not be given any special consideration or honour or respect. The petitioner does not claim any right regarding management or organizing the event. He only wants to participate in the event like any other devotee. No exception can be taken to his request. If the petitioner is prevented, it is open to the petitioner to complain to the fifth respondent and it is the duty of the fifth respondent to take action as per law.

4. With this declaration in favour of the petitioner, the Writ Petition is allowed. No costs.

02.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 02.08.2024 To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Singampuneri Taluk, 3/4

G.R.SWAMINATHAN, J.

rmi 4.The Deputy Superintendent of Police, Thiruppathur, 5.The Inspector of Police, Ulagampatti Police Station, 02.08.2024 4/4