Subbaiah vs The District Collector
2022 Latest Caselaw 15548 Mad

                                                                         WP(MD)No.22124 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 20.09.2022

                                                     CORAM:

                       THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                            W.P.(MD)No.22124 of 2022

                 Subbaiah                                                   ... Petitioner
                                                      /vs./

                 1. The District Collector
                    Tenkasi District, Tenkasi

                 2. The Revenue Divisional Officer
                    Tenkasi, Tenkasi District

                 3. The Superintendent of Police
                    Tenkasi District, Tenkasi

                 4. The Tahsildhar
                    Kadayanallur Taluk
                    Tenkasi District

                 5. The Sub Inspector of Police
                    Serndhamaram Police Station
                    Tenkasi District                                        ... Respondents


                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the Respondents to permit the 12
                 families to conduct Arulmighu Vadakasi Amman Temple Annual Festival in the

                 1/6

https://www.mhc.tn.gov.in/judis
                                                                                WP(MD)No.22124 of 2022

                 Tamil month of Purattasi at Thirumalapuram, Kadaiyanallur Taluk, Tenkasi
                 District under their supervision, on the basis of the representation of the
                 Petitioner dated 02.09.2022.


                                  For Petitioner    :   Mr.P.Krishnasamy
                                  For Respondents   :    Mrs.K.Christy Theboral
                                  No.1,2 and 4          Additional Government Pleader
                                  Nos.3 and 5           Mr.R.Sivakumar
                                                        Government Advocate(Crl.Side)


                                                            ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of

Mandamus, directing the Respondents to permit the 12 families to conduct

Arulmighu Vadakasi Amman Temple Annual Festival in the Tamil month of

Purattasi at Thirumalapuram, Kadaiyanallur Taluk, Tenkasi District under their

supervision, on the basis of the representation of the Petitioner dated 02.09.2022.

2.The learned Additional Government Pleader takes notice for the

Respondents 1,2 and 4 and the learned Government Advocate (Crl.Side) takes

notice on behalf of Respondents 3 and 5 . By consent, the Writ Petition itself is

taken up for final disposal.

https://www.mhc.tn.gov.in/judis WP(MD)No.22124 of 2022

3.Heard the learned Counsel for the Petitioner, learned Additional

Government Pleader and the learned Government Advocate(Crl.Side) appearing

for the Respondents.

4.The learned Counsel appearing for the Petitioner would submit that the

Petitioner had been ex-communicated by the villagers thereby they have

restrained the temple authorities from collecting dues from the family of the

Petitioner and restraining the Petitioner from entering into the temple.

5.The learned Additional Government Pleader submit that there had been

peace committee meeting yesterday.

6. The learned Government Advocate(Crl.Side) appearing for the

Respondents, on instructions, would submit that there had been peace committee

meeting and the Petitioner also participated in the said meeting.

https://www.mhc.tn.gov.in/judis WP(MD)No.22124 of 2022

7. In the light of the submission of the learned Counsel for the Petitioner,

learned Additional Government Pleader and the learned Government

Advocate(Crl.Side) and in the light of the peace committee meeting, the Collector

is well within his power to permit the Petitioner to participate in the Arulmighu

Vadakasi Amman Temple Annual Festival in the Tamil month of Purattasi at

Thirumalapuram, Kadaiyanallur Taluk, Tenkasi District if he is restrained by the

villagers, even otherwise he cannot be restrained by any old practice of ex-

communication.

8. The Collector, Tenkasi District and the Superintendent of Police, Tenkasi

District are advised to act as per the reported rulings of this Court in the case of

Rajendran and Ors vs. The State in Crl.O.P(MD) No.28886 of 2003 wherein it

is stated that the age old practices are not in tune with the present day and with

the provisions of Constitution of India.

https://www.mhc.tn.gov.in/judis WP(MD)No.22124 of 2022

7. With the above direction, the Writ Petition stands disposed of. No costs.

20.09.2022 Index : Yes / No Internet : Yes / No aav

Note : Registry is directed to circulate the reported judgment of this Court for follow up action by Respondents 1 and 3.

To:

1. The District Collector Tenkasi District, Tenkasi

2. The Revenue Divisional Officer Tenkasi, Tenkasi District

3. The Superintendent of Police Tenkasi District, Tenkasi

4. The Tahsildhar Kadayanallur Taluk Tenkasi District

5. The Sub Inspector of Police Serndhamaram Police Station Tenkasi District

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis WP(MD)No.22124 of 2022

SATHI KUMAR SUKUMARA KURUP, J.

aav

W.P.(MD)No.22124 of 2022

20.09.2022

https://www.mhc.tn.gov.in/judis