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1978 DAILYLAW 655 (MAD)

K.Shanmugam v. The District Collector

WP Crl.(MD)/1978/2026 · 2026-04-09

L Victoria Gowri

Transfer Petitionbody1978

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.1978 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.1978 of 2026 & W.M.P.Crl.(MD)No.491 of 2026 K.Shanmugam ... Petitioner Vs. 1. The District Collector, Pudukkottai District. 2. The Superintendent of Police, Pudukkottai District. 3. The Tahsildar, Viralimalai Taluk, Pudukkottai District. 4. The Inspector of Police, Viralimalai Police Station, Viralimalai Taluk, Pudukkottai District. 5. R.Karthiyappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 4 herein to provide adequate police production for the petitioner and his family to enter and participate in the Arulmigu Sri Pidari Amman Temple Festival and Mandagapadi without any hindrance by affording temple tax and other 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1978 of 2026 hereditary rituals as per the longstanding village custom and tradition and consequently direct the respondents 2 and 4 herein to take immediate action against the 5th respondent and their men for practicing discrimination and excommunicating the petitioner for an inter-caste marriage in his family. For Petitioner : Mr.K.Vasantha Kumar For Respondents : Mr.M.Sakthi Kumar (R2 & R4) Government Advocate (Crl.) Mr.M.Muthumanikkam (R1 & R3) Government Advocate (Civil) ORDER This petition has been filed seeking for a direction to the respondents 2 and 4 herein to provide adequate police production for the petitioner and his family to enter and participate in Arulmigu Sri Pidari Amman Temple Festival and Mandagapadi without any hindrance by affording temple tax and other hereditary rituals as per the long-standing village custom and tradition and consequently direct the respondents 2 and 4 herein to take immediate action against the 5th respondent and their men for practicing discrimination and excommunicating the petitioner for an inter-caste marriage in his family. 2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Poruvai Village, Viralimalai Taluk, Pudukkottai 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1978 of 2026 District, where approximately 200 families reside. Out of these, about 60 families belong to the Chettiyar community, 30 families belong to the Mutharaiyar community, and the remaining families belong to the Adi Dravidar community. All the communities have coexisted peacefully with unity and harmony for several years. 3. It is further submitted that from the year 1955 to 2000, the petitioner's grandfather, namely Ponnusamy Chettiyar, along with Raman Chettiyar, jointly managed the affairs of the said temple. Thereafter, the petitioner and the 5th respondent have been jointly performing the responsibilities and conducting the temple functions. As per the village custom, when the procession proceeds to Sri Pidari Amman Temple for Kaappu Kattuthal and reaches Sri Siddhi Vinayagar Temple, the 5th respondent is invited first, followed by the petitioner. Similarly, in receiving Vibhuti Prasadam and in the performance of goat sacrifice, first priority is given to the 5th respondent and thereafter to the petitioner, in accordance with generational custom. However, at the conclusion, priority is given to the petitioner when the deity is taken back to the houses. 4. He also submits that the petitioner and the 5th respondent have been paying the electricity charges of Sri Pidari Amman Temple and Sri Siddhi 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1978 of 2026 Vinayagar Temple, respectively. While so, the petitioner's brother's daughter married a person belonging to another caste. The 5th respondent thereafter excommunicated the petitioner's family, and also prevented them from participating in the temple festival insisting upon the performance of certain purification ceremonies. Aggrieved by the same, the present petition has been filed. 5. The learned Government Advocate, Mr. Muthumanikkam, appearing for the respondents 1 and 3 submitted that an enquiry was conducted with regard to the aforesaid issue and proper directions have been given to the rival factions that no one should be prevented from participating in the temple festivals. 6. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondent, notice to him is dispensed with. 7. Recording the above, this writ petition is disposed of with a direction to the 4th respondent to take necessary action against any person who prevents any devotee of the temple from participating in the temple festival. It is made 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1978 of 2026 clear that no one, including the petitioner's family, shall be prevented from participating in the temple festival. The 4th respondent police shall ensure and facilitate the participation of all persons in the temple festival without any discrimination. Consequently, connected miscellaneous petition is closed. 09.04.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 10.04.2026. TO:- 1. The District Collector, Pudukkottai District. 2. The Superintendent of Police, Pudukkottai District. 3. The Tahsildar, Viralimalai Taluk, Pudukkottai District. 4. The Inspector of Police, Viralimalai Police Station, Viralimalai Taluk, Pudukkottai District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1978 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.1978 of 2026 Dated 09.04.2026 6/6 https://www.mhc.tn.gov.in/judis