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Madras High CourtWP(MD)/25840/2019closed

P.Nagasundaram v. The District Collector

2020-01-29Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA P. Nagasundaram ... Petitioner Vs.

1. The District Collector,

2. The Tahsildhar,

3. The Superintendent of Police, Ramanthapuram District.

4. The Inspector of Police, Thangatchimadam Police Station,

5. Nambupandi

6. Kalidoss

7. Sridhar

8. Kathiresan

9. Sivakumar

10. Pandi ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 1st Respondent to conduct an enquiry with regard to the petitioner's representation, dated 06-09-2019, within stipulated time as may be fixed by this Court, which is relating to excommunication of the petitioner and his family members from participating in the Temple Festival and other village Activities of Thangachimadam Village, For Petitioner : Mr. Ayyanar Premkumar for M/s.K. Muthuvai Ilayaraja For R-1 to 4 : Mrs.S. Bharathi, Government Advocate (crl. Side) For R-5 to R-10 : Mr. D. Anbarasu 1/3

ORDER

This writ petition has been filed to direct the 1st Respondent to conduct an enquiry with regard to the petitioner's representation, dated 06-09-2019, within stipulated time as may be fixed by this Court, which is relating to excommunication of the petitioner and his family members from participating in the Temple Festival and other village Activities of Thangachimadam Village,

2. It is the case of the petitioner is that he is a resident of Thangachimadam village at Muslim Street along with his family. Since his son Vengateswran got married with other caste women it was objected by the villagers and that they have prevented the petitioner and his family members for celebrating Mulapaari (pot with crops) in the festival of Sri Muthumaariyammal Temple. He would further submit that, during October 2019, the respondents-5 to 10 who are the members of the Festival Committee headed by the third respondent have prevented the petitioner and his family members from the festivals and also the villagers have stopped talking to his family and thereby, the petitioner had sent a representation to the respondents-1 to 4 on 06.09.2019 to take against the respondents-5 to 10 for ex-communicating the petitioner and his family members of the village festival and since no action was taken on the representation of the petitioner, dated 06.09.2019, the instant Writ Petition has been filed.

3. Today, when the matter is taken up for hearing, the learned Government Advocate (crl. Side)appearing for the respondent police submitted that based on the petitioner's representation, dated 06.09.2019, an enquiry was conducted on 14.09.2019 and that the petitioner as well as the respondents-5 to 10 have appeared in person and the dispute between them was amicably settled and that the respondents-5 to 10 have given an undertaking that they are not preventing the petitioner and his family members from attending the village festival and that they have not ex-communicated the petitioner and his family members. She would further submit that during the pendency of the writ petition an enquiry was conducted by the fourth respondent and the respondents-5 to 10 gave an undertaking that they will allow the petitioner and his family members for celebrating the temple festival of Mulappari.

4. The learned counsel appearing for the respondents- 5 to 10 would submit that they have not prevented the petitioner and his family members from attending the temple festival and that they have also not excommunicated the petitioner.

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5. Recording the aforesaid submissions, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The District Collector,

2. The Thasildhar,

3. The Superintendent of Police, Ramanthapuram District.

4. The Inspector of Police, Thangachimadam Police Station, +1 CC to M/s.K.MUTHUVAI ILAYARAJA, Advocate ( SR-3801[F] dated 29/01/2020 ) +1 CC to M/s.D.ANBARASU, Advocate ( SR-3795[F] dated 29/01/2020 ) 29.01.2020 JMN(18.02.2020) 3P : 7C 3/3