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Mohan @ Mohan Nayakkar vs The District Collector
2023 Latest Caselaw 11931 Mad

Citation : 2023 Latest Caselaw 11931 Mad
Judgement Date : 5 September, 2023

Madras High Court
Mohan @ Mohan Nayakkar vs The District Collector on 5 September, 2023
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.09.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.26080 of 2023

            Mohan @ Mohan Nayakkar                                                      ... Petitioner
                                                      Vs.

            1.The District Collector,
              Chengalpattu District,
              Chengalpattu.

            2.The Superintendent of Police,
              Chengalpattu District,
              Chengalpattu.

            3.The Tahsildar,
              Thirukkazhukundram Tahsildar Office,
              Thirukkazhukundram,
              Chengalpattu District.

            4.The Inspector of Police,
              Thirukkazhukundram Police Station,
              Thirukkazhukundram,
              Chengalpattu District.

            5.Manickam

            6.Sekar                                                                   ...Respondents

            Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to
            issue a Writ of Mandamus, to direct the 2nd rand 4th respondents to take appropriate
                                                       1/4

https://www.mhc.tn.gov.in/judis
            action against the 5th and 6th respondents for excommunicating the petitioner family
            members from the participation of the Arulmigu Sri Selliyamman Temple Annual
            festival and to take further action to protect the petitioner and their family members
            right to participate and worship the community deity, Kaappu Kattu [Wear sacred
            thread in arms] Arulmigu Sri Selliyamman Temple Annual festival scheduled on
            06.09.2023 at Vembakkam Village, Anur Post,                 Thirukkazhukundram Taluk,
            Chengalpattu District based on the petitioner's representations dated 14.08.2023,
            22.08.2023, 31.08.2023.
                                  For Petitioners    : Mr.A.Venkatesan

                                  For Respondents : Mr.A.Damodaran
                                                    Additional Public Prosecutor for 1 to 4

                                                     ORDER

This Writ Petition has been filed to direct the 2nd rand 4th respondents to take

appropriate action against the 5th and 6th respondents for excommunicating the petitioner

family members from the participation of the Arulmigu Sri Selliyamman Temple

Annual festival and to take further action to protect the petitioner and their family

members right to participate and worship the community deity, Kaappu Kattu [Wear

sacred thread in arms] Arulmigu Sri Selliyamman Temple Annual festival scheduled on

06.09.2023 at Vembakkam Village, Anur Post, Thirukkazhukundram Taluk,

Chengalpattu District based on the petitioner's representations dated 14.08.2023,

22.08.2023, 31.08.2023.

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

2.Learned Additional Public Prosecutor, on instructions, submitted that, based on

the complaint given by the petitioner, petition enquiry is pending in C.S.R.No.1764 of

2023 on the file of the respondent Police.

3.The petitioner is directed to co-operate with the Police for enquiry and the

respondent Police shall conduct the enquiry keeping in mind the judgment in Lalitha

Kumari vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. On

completion of the enquiry, the respondent Police shall take a decision regarding the

further course of action. This process shall be completed by the respondent Police

within a period of two weeks from the date of receipt of copy of this order.

4.With the above directions, this Writ Petition is closed. No Costs.

05.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

Note:Issue Order Copy on 05.09.2023

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

To

1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Superintendent of Police, Chengalpattu District, Chengalpattu.

3.The Tahsildar, Thirukkazhukundram Tahsildar Office, Thirukkazhukundram, Chengalpattu District.

4.The Inspector of Police, Thirukkazhukundram Police Station, Thirukkazhukundram, Chengalpattu District.

5.The Public Prosecutor, High Court, Madras.

W.P.No.26080 of 2023

05.09.2023

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

 
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