T.Siva v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Siva
...Petitioner
Vs.
1.The District Collector, District Collectorate Premises, Knniyakumari District.
2.The Revenue Divisional Officer, Nagercoil, Kanniyakumari District.
3.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.
4.Mr.M.Sivakumar, S/o.Muthusamy, President/Member of Administrative Committee, Arulmigu Sri Mutharamman Temple & Arulmigu Sudalai Madaswamy Temple, Sannathy Street, Vadalivilai Village, Kottar Post, Nagercoil Taluk, Kanniyakumari District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the representation sent by the petitioner on 20.11.2024 and consequently direct the 1/5
respondents 1 to 3 to initate action as against the Administrative Committee of Arulmigu Sri Mutharamman Temple and Arulmigu Sudalai Madaswamy Temple of Vadalivilai Village, Kottar Post, Nagercoil Taluk and permit him to participate in the temple festival scheduled to be held on 09.12.2024, 10.12.2024 and 11.12.2024 by collecting tax from the petitioner. For Petitioner : Mr.C.M.Arumugam For R1 to R3 : Mr.D.Gandhi Raj Special Government Pleader
O R D E R
This writ petition has been filed for a direction directing the respondents 1 to 3 to consider the representation dated 20.11.2024 submitted by the petitioner, thereby seeking to take action as against the fourth respondent for excommunication the petitioner from participating in the Arulmigu Sri Mutharamman Temple and Arulmigu Sudalai Madaswamy Temple of Vadalivilai Village, Kottar Post, Nagercoil Taluk and without collecting any tax from the petitioner.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
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4. The petitioner and the fourth respondent belongs to different community, therefore, there is a dispute between them in order to celebrate the festival of Arulmigu Sri Mutharamman Temple Arulmigu Sudalai Madaswamy Templess situated at Vadalivilai Village, Kottar Post, Nagercoil Taluk of Vadalivilai Village, Kottar Post, Nagercoil Taluk. Therefore, the petitioner lodged a complaint alleging that the fourth respondent failed to collect any tax for the festival to be celebrated for the Arulmigu Sri Mutharamman Temple and Arulmigu Sudalai Madaswamy Temples situated at Vadalivilai Village, Kottar Post, Nagercoil Taluk of Vadalivilai Village, Kottar Post, Nagercoil Taluk.
5. In view of the above, the third respondent is directed to consider the petitioner's representation 20.11.2024 and pass orders on merits and in accordance with law after issuing notice to the petitioner as well as the fourth respondent and after giving an opportunity of hearing to both parties, within a period of twelve weeks from the date of receipt of a copy of this order.
6. It is made clear that the festival to be held on 09.12.2024 for the above stated temple and hence, the petitioner is permitted to enter into the temple for worship.
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7. With the above direction, the writ petition stands disposed of. No costs.
Internet : Yes Index : Yes/No 06.12.2024 Speaking/Non Speaking order am Note: Issue order copy on 06.12.2024 To 1.The District Collector, District Collectorate Premises, Knniyakumari District.
2.The Revenue Divisional Officer, Nagercoil, Kanniyakumari District.
3.The Tahsildar, Agastheeswaram Taluk, Kanniyakumari District.
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G.K.ILANTHIRAIYAN, J.
am 06.12.2024 5/5