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Madras High Court

S.John Britto vs The State Of Tamil Nadu on 29 April, 2019

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 29.04.2019

                                                   CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                        W.P.(MD)No.10598 of 2019
                                                  and
                                        W.M.P.(MD)No.8127 of 2019

                      S.John Britto                                       ... Petitioner
                                                       Vs.

                      1.The State of Tamil Nadu,
                        Rep. by its Secretary,
                        Home Department,
                        Fort.St.George, Chennai.

                      2.The District Collector,
                        Sivaganga District, Sivaganga.

                      3.The Revenue Divisional Officer,
                        Kalaiyarkovil Taluk,
                        Sivagangai District.

                      4.The Tahsildar, Taluk Office,
                        Sivagangai.

                      5.David Kulanthainathan                         ... Respondents

                      PRAYER: Petition filed under Article 226 of the Constitution of
                      India praying to issue a Writ of Mandamus, to direct the
                      respondents 1 to 4 to ensure the equal participation of the
                      petitioner and other Dalit Christians of Soosaiyapparapattinam in
                      the annual church festival of ST.Soosaiyappar Church and to
                      prevent any practice of untouchability being practised against the
http://www.judis.nic.in
                      petitioner and other Dalit Christians of the Village by considering
                                                           2

                      the representation of the petitioner dated 22.04.2019 within the
                      time that may be stipulated by this Court.

                                     For Petitioner            :Mr.M.Mahaboob Athiff
                                                                for M/s.Ajmal Associates

                                     For R1 to R4              :Mr.K.Mu.Muthu
                                                               Additional Government Pleader


                                                        ORDER

When the matter was taken up for hearing, Shri.Rex, the Sub Inspector of Police, Kalaiyarkovil Police Station who was present in person informed the court that a statement has been taken from the fifth respondent parish priest that Dalit Christians of Soosaiyapparpattinam will not be prevented from participating in the petition mentioned church festival. It has been further categorically affirmed that there is no practice of untouchability in the village.

2.Recording the said submission, this writ petition is closed. This Court suo moto impleads the Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District as 6th respondent in this writ petition. Mr.M.Murugan, the learned Government Advocate takes notice for the newly impleaded respondent. The Revenue Department namely, the respondents 3 and 4 herein as http://www.judis.nic.in 3 well as the jurisdictional police namely, the sixth respondent are directed to ensure that there is no prevention of participation of the writ petitioner and other Dalit Christians in the petition mentioned festival.

3.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.




                                                                      29.04.2019
                      Index       :Yes/No
                      Internet    : Yes/No
                      skm

                      To

1.The Secretary, Home Department, Fort.St.George, Chennai.

2.The District Collector, Sivaganga District, Sivaganga.

3.The Revenue Divisional Officer, Kalaiyarkovil Taluk, Sivagangai District.

4.The Tahsildar, Taluk Office, Sivagangai.

G.R.SWAMINATHAN,J.

http://www.judis.nic.in skm 4 W.P.(MD)No.10598 of 2019 and W.M.P.(MD)No.8127 of 2019 29.04.2019 http://www.judis.nic.in