M.Paul Raj, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.M.Paulraj 2.M.Murugesan 3.M.Balasubramaniyan 4.M.Karunakaran 5.M.Manokaran 6.M.Kannan 7.K.Jeyakrishnan 8.S.Pechimuthu
...Petitioners
Vs.
1.The District Collector, District Collector Campus, Tuticorin District.
2.The Superintendent of Police, O/0 Superintendent of Police, Tuticorin District.
3.The Revenue Divisional Officer, O/o The Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam, Tuticorin District.
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5.The Inspector of Police, Kulathoor Police Station, Vilathikulam, Tuticorin District.
6.M.P.M.Ganeshapandiyan 7.G.Periyakaruppan
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to conduct an enquiry regarding excommunication of the petitioners along with their family members by the respondents 6 & 7 and consequently provide adequate protection to the petitioners and his family members to live peacefully in the village viz., Kulathoor, Vilathikulam Taluk, Tuticorin District.
For Petitioner : Mr.S.Rajasekar For R1 to R5 : Mr.P.T.Thiraviam Government Advocate For R7 : No appearance
O R D E R
The petitioners eight in numbers claiming to be the members of 'Kulathur Hindu Nadar Uravinmurai Sangam', a registered Association has filed this writ petition that the respondents 6 &7, the Administrators of the above Association has 2/7
removed the petitioners from the association. The grievance of the petitioners is that without conducting any election, the respondents 6 & 7 are administering the Society and these petitioners are not permitted to perform poojas in the village temples and thereby they have been ex-communicated.
2.When this writ petition is listed for hearing in the year 2016, the learned Government Advocate took notice for the respondents 1 to 5 and M/s. Ajmal Associates took notice for the respondents 6 & 7. Thereafter, the case was listed for further hearing on 07.06.2023.
3.The learned counsel appearing for the petitioner submits that though he has made an attempt to contact the petitioners, the petitioners have not responded and it is reported that no instructions.
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4.The learned Government Advocate appearing for the respondents 1 to 5 has produced a written instructions in Na.Ka.A6/2411/2020, dated 14.06.2023, which he has received from the Tahsildar, Vilathikulam submits that there are two groups in the Society of Nadar Community. During the election process, there are conflicts between the two groups. Considering the repeated problem among the members of the Society, the Tahsildar has already made a recommendation to the HR & CE Department to take over the administration of the Badrakaliamman Temple situate in a land in S.No.210/1, to an extent of 0.09.5 Hectares, Vilathikulam, Tuticorin, which has been classified as Government Poramboke land. 5.Considering the written instructions produced by the learned Government Advocate and the nature of averment found in this writ petition, it appears that there is some dispute among the members of the Registered Society. Tahsildar has also made a recommendation for taking over the administration of the above Temple by the HR & CE Department. In the event, if the petitioners 4/7
and the respondents 6 & 7 are not able to maintain peace and perform the poojas of the Society's temple, the HR & CE Department shall take appropriate action and ensure the peace by taking over the administration of the temple. Accordingly, this writ petition is disposed of. No costs.
14.06.2023 NCC : Yes / No.
Index : Yes / No.
Internet : Yes.
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To 1.The District Collector, District Collector Campus, Tuticorin District.
2.The Superintendent of Police, O/0 Superintendent of Police, Tuticorin District.
3.The Revenue Divisional Officer, O/o The Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam, Tuticorin District.
5.The Inspector of Police, Kulathoor Police Station, Vilathikulam, Tuticorin District.
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B.PUGALENDHI, J.
vrn Order made in 14.06.2023 7/7