V.Kalidoss v. The District Collector

1 W.P.(MD)NO.11492 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11492 of 2015 V.Kalidoss ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Superintendent of Police, Sivagangai District.

3. The Tahsildar, Thirupathur Taluk, Sivagangai District.

4. K.Vellaichamy Velar

5. S.Ayinan

6. M.Raman

7. R.Periyasamy Velar

8. The Inspector of Police, Ulagampatti police station, Sivagangai District.

9. P.Muthukaruppan 10.Karuppaiah 1/6

2 W.P.(MD)NO.11492 OF 2015

11. Palaniyappan (Respondents 8 to 11 are impleaded vide order dated 06.07.2023 in M.P.(MD)Nos.1 and 2 of 2015) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 7 and other community members for excommunicating the petitioner and his family and take further action to protect the petitioner and their family members right to participate and worship the community deity Arulmighu Sree Venniyayee Amman at Kurumbalur, Varappur Village, Thirupathur Taluk, Sivagangai District on all occasions.

For Petitioner : Mr.H.Lakshmi Shankar For R-1 to R-3 &R-8 : Mr.D.Gandhiraj, Special Government Pleader.

For R-4 to R-7 & R-9 to R-11 : Mr.J.Lawrance * * *

O R D E R

Heard the learned counsel on either side.

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2. The petitioner is a resident of Natham Town, Dindigul District. The petitioner hails from Thuvar Village. He belongs to Velar community. The petitioner's son Vijay Anand fell in love with a girl belonging to another community and he married her on 23.10.2009. On account of this, the petitioner is facing social boycott. That led to the filing of this writ petition.

3. The private respondents originally took the stand that they are not parties to the social boycott. The learned counsel appearing for the private respondents states that they have not obstructed the petitioner or socially boycotted him. This submission made by the private respondents is recorded.

4. The learned Special Government Pleader appearing for the official respondents states that after the petitioner lodged a complaint, the jurisdictional police warned the private respondents. If the social boycott continues, it will be dealt with by due process of law. The petitioner's counsel states that even though the petitioner is permitted to worship, "vari" is not being collected from him.

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5. I direct the revenue administration as well as the jurisdictional police to ensure that social boycott in any form is not practised against the petitioner. It shall be ensured that "vari" is collected from the petitioner also.

6. The relief given to the petitioner in this writ petition is two fold:- a) The petitioner will be permitted to offer his worship in the petition-mentioned temple like any other member of the community.

b) Vari shall be collected from the petitioner by the organisers whenever the temple functions are conducted.

7. This writ petition stands allowed accordingly. No costs. 06.07.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 4/6

5 W.P.(MD)NO.11492 OF 2015 To:

1. The District Collector, Sivagangai District, Sivagangai.

2. The Superintendent of Police, Sivagangai District.

3. The Tahsildar, Thirupathur Taluk, Sivagangai District.

4. The Inspector of Police, Ulagampatti police station, Sivagangai District.

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6 W.P.(MD)NO.11492 OF 2015 G.R.SWAMINATHAN,J.

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