Madras High Court
Sankaranarayanan vs The Revenue Divisional Officer on 21 October, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.19948 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.19948 of 2019
and
W.M.P.(MD)Nos.16452 & 16455 of 2019
1. Sankaranarayanan
2. Ganapathi @ Kannan
3. Hariharan
4. Seetharaman
5. Harisenbagaraja ... Petitioners
Vs.
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Tiruchendur, Tuticorin.
2.The Tahsildar
Tahsildar Office,
Tiruchendur, Tuticorin.
3.The Deputy Superintendent Of Police,
Tiruchendur, Tuticorin.
4.The Inspector of Police
Temple Police Street,
Tiruchendur, Tuticorin.
5. Jeyamalini Kumar
6. Sethu Narayanan
7. Valli ... Respondents
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W.P.(MD)No.19948 of 2019
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, directing 1 to 4 respondents herein more
particularly the 4th respondent herein to take appropriate criminal action
against the 5 to 7 respondents herein based on the representation dated
06.07.2019 and 24.07.2019.
For Petitioner : Mr.K.Appadurai
For R1 to R4 : Mr.R.Anandharaj
Additional Public Prosecutor
For R5 to R5 : Mr.R.Manimaran
ORDER
This petition has been filed to direct the respondents 1 to 4 herein more particularly the fourth respondent herein to take appropriate criminal action against the respondents 5 to 7 herein based on the representations of the petitioners, dated 06.07.2019 and 24.07.2019.
2.The learned counsel for the petitioner would submit that the petitioner belongs to Thirisuthanthirar Brahim Community, who is tagged as Mukkani Iyer in Tuticorin District, in respect of Sri Arulmigu Subramanian Swamy Thirukovil, Tiruchendur. Their community people are paid with share in the ticket income of Sri Arulmigu Subramanian Swamy Thirukovil, Tiruchendur and their community formed an association by name “Sthalathar and Kainkariya Saba”, but in passage of time, the said http://www.judis.nic.in 2/8 W.P.(MD)No.19948 of 2019 Association turned to be a community association dictating terms and control over the members of Thirisuthanthirar Community in Tiruchendure and it went to an extent of interfering with personal life of Thirisuthanthirar in Tiruchendur. The said association referred above even dictating the terms and conditions for performing Poojas, rituals by Thirisuthanthirar in other Hindu houses. They went to an extent of describing and fixing the amount to be collected for Poojas and therefore, the petitioners formed separate Association by name Shri Jeyanthi Nathar Thirisuthanthirar Kaariyasthar Sthaanigar Sabha and it is formed only to act as a tool to communicate and deal with the management of Sri Arulmigu Subramanian Swamy Thirukovil, Tiruchendur and to protect the rights of the Thirisuthanthirars in performing Kinkariyam inside the temple. This act of formation of new Saba more particularly bythe petitioners herein and other Thirisuthanthirars in Tiruchendur (respondents 5 to 7 herein) is yield to pass a resolution in Sthalathar and Kainkariya Saba to Ex-communicate them from the Thirisuthanthirar Community. They also passed a resolution to the effect that the petitioners have been ex-communicated from the village. Therefore, the petitioners have lodged a complaint and on receipt of the complaint, the District Collector, Thoothukudi referred the matter before the second respondent/Tahsildar and thereafter, the first respondent conducted a peace committee meeting between the petitioners and the respondents 5 http://www.judis.nic.in 3/8 W.P.(MD)No.19948 of 2019 to 7 herein and in the peace committee meeting they resolved that the respondents 5 to 7, the members of Shri Jeyanthi Nathar Thirisuthanthirar Kaariyasthar Sthaanigar Sabha are not ex-communicated by the respondents 5 to 7. In this regard informed to the community people within a period of two days. Further, no more complaints in this regard. Therefore, no need to take any action, on the complaint they also referred and they should not indulge any defects as well as public peace and tranquility in future. If anything happened they can very well lodged a complaint before the police in this regard.
The learned counsel for the petitioners further submitted that without obliging the resolution passed by the first respondent they acted on their own, without complying the resolution till today. They have conducted meeting and declared the revocation of the petitioners. Therefore, he lodged a complaint before the fourth respondent.
Per contra, the learned counsel for the respondents 5 to 7 herein submitted that on the resolution passed by the first respondent in the peace committee meeting, dated 10.08.2019, the petitioners never ex- communicated from the Society or Village, whereas on 12.09.2019, the petitioners Saba conducted meeting after public notice to all the committee members and resolved that the petitioners had been expel http://www.judis.nic.in 4/8 W.P.(MD)No.19948 of 2019 from the Saba by the resolution dated 30.06.2019 they were not ex-communicated from their community or from the Society. Further, if they want to participate in their Saba they have to dissolve the saba and thereafter they can be permitted to participate in there and all the functions conducted by their saba.
The learned Additional Public Prosecutor submitted that after the peace committee meeting, there is no complaint from the petitioners or from the respondents 5 to 7.
Heard the learned counsel for the petitioners, the learned counsel for the respondents 5 to 7 and the learned Additional Public Prosecutor for the respondents 1 to 4.
The petitioners are belonging to Thirisuthanthirar Community, there are dispute between the petitioners and the respondents 5 to 7 in respect of collecting share amount from the administration of Sri Arulmigu Subramanian Swamy Thirukovil, Tiruchendur. Therefore, the petitioners formed separate saba called Shri Jeyanthi Nathar Thirisuthanthirar Kaariyasthar Sthaanigar Sabha. Thereafter, the petitioners were ex- communicated from the Society as well as the Saba administered by the respondents 5 to 7 herein. In this regard, on the complaint, the first http://www.judis.nic.in 5/8 W.P.(MD)No.19948 of 2019 respondent has conducted peace committee meeting and resolved as follows:-
“1. =n[ae;jpejh; fhhpa];j ];jhdpfh; rigapid Nrh;e;j egh;fis ChpypUe;Njh> rKjhaj;jpypUe;Njh ];jyj;jhh; kw;Wk; ifq;fh;a ]gh eph;thfj;jpduhy; xJf;fp itf;fg;gltpy;iy vdTk;> Ch; rKjhaj;jpdUf;F ,Ujpdq;fSf;Fs; njhptpj;jplTk;> ,dp tUq;fhyq;fspYk; ,JNghd;w Gfhh;fs; tuhj tifapy; ,Ujug;gpdUk; ele;J nfhs;tJ vdTk; KbT nra;ag;gl;lJ.
2. jpUkjp.ts;spak;khs; vd;gth; kPJ =n[ae;jpejh;
fhhpa];j ];jhdpfh; rgh $wpa Gfhh; kPJ eltbf;if Njitapy;iy vd ,Ujug;gpdUf;Fk; Vw;W nfhs;sg;gl;lJ. jpUkjp.ts;spak;khs; vd;gtUk; ,t;thW nghJ mikjpf;F Fe;jfk; Vw;glh tz;zk; ele;J nfhs;s Ntz;Lk; vdTk; vr;rhpf;if nra;ag;gLfpwJ.
3. Ch;nghJ tpohf;fs; kw;Wk; Ch; nghJkf;fs; tPLfspy; eilngWk; epfo;r;rpfspy; midj;J jug;gpdUk; fye;J nfhs;syhk; vdTk;> vt;tpj tpUg;G> ntWg;GfNshL nghJ ,lq;fspy; ele;Jnfhs;s $lhJ vdTk;> nghJ mikjpf;F Fe;jfk; Vw;gLj;j $lhJ vdTk; KbT nra;ag;gl;lJ.
4. ,dptUq;fhyq;fspy; ,Ujug;gpdh;fshYk; gpur;ridfs; VJk; Vw;gbd;> rk;ke;jg;gl;l egh;fs; Gfhh; njhptpf;Fk; gl;rj;jpy; muR tpjpfspd;gb Fw;wtpay; eltbf;iffs; Nkw;nfhs;sg;gLk; vdTk; KbT nra;ag;gl;lJ.” As per the resolution passed in the peace committee meeting, the petitioners' ex-communication was removed and had to be declared with the community people within a period two days. Further, in this regard, sofar, no complaint has been received on the file of the jurisdictional police from the petitioners or the respondents 5 to 7 herein. Further, it is also http://www.judis.nic.in 6/8 W.P.(MD)No.19948 of 2019 seen that the respondents 5 to 7 have conducted meeting among their community and on 12.08.2019, in which, the petitioners did not participate.
That apart the respondents 5 to 7 resolved that if the petitioners have been expelled from their saba since they have formed in New Saba, the petitioners never ex-communicated from their Society or Community. Further, resolved that if the petitioners wanted to participate in the functions of respondents 5 to 7 Saba, the petitioners shall have dissolved their saba and can very well participate in their administration. Therefore, the petitioners never ex-communicated from the Society or the Community. In the peace committee meeting they resolved accordingly. Thereafter, no complaint has been received from the petitioners as well as the respondents 5 to 7 herein. Therefore, the present writ petition devoid of merits and hence, this Writ Petition is dismissed. However, if the petitioners to ascertain their right in respect of the administration of the Sri Arulmigu Subramanian Swamy Thirukovil, Tiruchendur, they can very well approach the civil Court for appropriate relief. No costs. Consequently, connected Miscellaneous Petitions are closed.
Index :Yes/No 21.10.2019
Internet :Yes/No
Ls
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W.P.(MD)No.19948 of 2019
G.K.ILANTHIRAIYAN,J.
Ls
To
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Tiruchendur, Tuticorin.
2.The Tahsildar
Tahsildar Office,
Tiruchendur, Tuticorin.
3.The Deputy Superintendent Of Police,
Tiruchendur, Tuticorin.
4.The Inspector of Police
Temple Police Street,
Tiruchendur, Tuticorin.
5.The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
W.P.(MD)No.19948 of 2019
21.10.2019
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