Arunachalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Arunachalam

...Petitioner

-vs1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The District Revenue Officer, Tiruchendur, Thoothukudi District.

3.Shanmuganathan

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the respondents 1 & 2 to take appropriate action against the third respondent for ex-communicating the petitioner and his family members from the village temple festival namely Sri Utchi Mahaliamman Kovil, situated at Asarimar Theru, Eral, Thoothukudi District based on the representation dated 19.06.2024 within the time stipulated by this Court. For Petitioner : Mr.V.Malaiyendran For R1 & R2 : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2. Considering the nature of order proposed to be passed in this writ petition, notice to the third respondent is dispensed with.

2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.This writ petition has been filed mainly on the ground that the petitioner and his family members have been excommunicated from the village and they are prevented from performing pooja in the petition mentioned temple by the third respondent.

4.According to the petitioner, the excommunication has been made only because of the representation submitted by the petitioner for taking appropriate action against the third respondent for his alleged misappropriation of the temple funds.

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5.The Additional Government Pleader for the official respondents, on instructions, submitted that the third respondent had given an undertaking before the authorities concerned that he would not prevent the petitioner from performing pooja in the temple. 6.Recording the above said statement, this writ petition is disposed of. The other allegations with regard to the alleged misappropriation and other right of worship and first honour shall be established in the manner known to law before the competent civil Court. No costs. 01.10.2024 Index : Yes / No Internet : Yes / No ta To 1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The District Revenue Officer, Tiruchendur, Thoothukudi District.

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N.SATHISH KUMAR, J.

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