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2025 DAILYLAW 126286 (MAD)

K.Alaguraja v. The District Collector

WP(MD)/6315/2025 · 2025-03-10

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.6315 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD)No.6315 of 2025 K.Alaguraja ... Petitioner vs 1.The District Collector, Dindigul District, Dindigul. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The District Revenue Officer, Dindigul District, Dindigul. 4.The Revenue Divisional Officer, Dindigul District, Dindigul. 5.The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakkottai, Dindigul District. 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 6.The Tahsildar, Taluk Office, Nilakottai Police Station, Dindigul District. 7.The Inspector of Police, Nilakottai Police Station, Dindigul District. 8.Manipandi 9.Muthupandi 10.Chinnamuniappan 11.Kamanan 12.Valaikkai Pandi 13.Eswaran 14.Andiappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent Nos.1 to 7 to take necessary action against the respondent Nos. 8 to 14 and entrusted the petitioner's liberty for living and worship in the petitioner's village and from the ex-communication based on petitioner's representation, dated 01.03.2025. For Petitioner : Mr.M.Sheik Abdullah For Respondents : Mr.M. Muthu Manikkam Government Advocate (for R1, R3, R4 and R6) Mr.M. Karunnithi 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 Government Advocate (for R2, R5 and R7) O R D E R The petitioner has come forward with this Writ Petition seeking issuance of Writ of Mandamus to direct the respondents 1 to 7 to take action against the respondents 8 to 14. 2. The plea of the petitioner is that he had contracted a marriage out of choice with the girl belonging to a community other than the community to which he belongs. The wedlock produced two children and the petitioner is currently staying in Kodumudi, Karur District. 3. There exists a temple, in his native village of Nilakkottai dedicated to the following deities: 1) Mallaiyan Samy 2) Irulayee Amman 3) Sitthan Samigal The petitioner pleads that it is a practice in his family to offer worship in the said temple during every Tamil month of Masi. This is because the 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 temple happens to be the (Fynja;tk;) family deity. 4. He states that since he has contracted the inter caste marriage, the respondent Nos. 8 to 14 are preventing him from offering worship. He also states that the respondent Nos. 8 to 14 are not collecting any contribution from the petitioner and had also declared that no person in the village should communicate or contact with the Writ Petitioner or his family members. Aggrieved by this ex-communication and preventing him from offering worship, he had given a representation to the respondents 1 to 7 and has followed up with the present Writ Petition. 5. I have heard Mr.M.Sheik Abdullah, for the petitioner, Mr.G.Suriya Ananth, Additional Government Pleader for Mr.M.Muthumanickam, learned Government Advocate appearing for the respondent Nos.1, 3, 4 and 6 and Mr.M.Karunanithi, learned Government Advocate appearing for the respondent Nos.2, 5 and 7. 6. Mr.M.Karunanithi, states that immediately on complaint being lodged on 21.02.2025, the 7th respondent initiated action. He registered 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 the complaint as C.S.R.No.75 of 2025 and summoned the petitioner's father and few of the respondent Nos.8 to 14. The Poosari of the Temple has come before the police and has given the following statements: “ Ch; nghpath;fis mioj;J tprhhpj;jPh;fs;. ehq;fs; Ch; nghJtpy; rhkp Fk;gpl ve;j thpNah t#ypg;gjpy;iy. NkYk; fhkzd; kw;Wk; mtuJ FLk;gj;jpdh; rhkp Fk;gplNth> mh;r;rid nra;aNth> fplh ntl;lNth ve;j Ml;NrgidAk; ehq;fs; njhptpf;ftpy;iy. NkYk; khrp gr;ir md;W rhkp ngl;b J}f;fp> rhkp mioj;Jk; nry;Yk; NghJ mth; kw;Wk; mtuJ FLk;gj;jpdh; te;J nry;y ehq;fs; ve;j Ml;NrgidAk; njhptpf;ftpy;iy. mth; kw;Wk; mtuJ FLk;gj;jpdh; ve;j NeuNkh> ve;j ehspNyh te;J rhkp Fk;gpl ehq;fs; Ml;Nrgid njhptpf;ftpy;iy.” 7. This statement makes it clear that there is no ex-communication of the Writ Petitioner or his family members. Apart from that, the statement also shows there is no practice in this temple to collect any contribution from the villagers. As the Police swung into action and have obtained necessary undertaking from the villagers, there is no necessity to give a Mandamus as sought for by the petitioner other than 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 recording the statement made above. 8. In the light of the above discussion, the Writ Petition is disposed of. No costs. Index :Yes / No 10.03.2025 NCC :Yes / No trp To 1.The District Collector, Dindigul District, Dindigul. 2.The Superintendent of Police, Dindigul District, Dindigul. 3.The District Revenue Officer, Dindigul District, Dindigul. 4.The Revenue Divisional Officer, Dindigul District, Dindigul. 5.The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakkottai, Dindigul District. 6.The Tahsildar, Taluk Office, Nilakottai Police Station, 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 Dindigul District. 7.The Inspector of Police, Nilakottai Police Station, Dindigul District. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6315 of 2025 V. LAKSHMINARAYANAN, J. trp W.P.(MD)No.6315 of 2025 10.03.2025 8/8 https://www.mhc.tn.gov.in/judis