Madras High Court
Arockia Sekran Thainese vs State Of Tamil Nadu on 3 April, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.5917 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.5917 of 2024
Arockia Sekran Thainese ... Petitioner
Vs.
1.State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Minority Welfare Department,
735, Annasalai LLA Building 3rd Floor,
Chennai-600 002.
2.The District Collector,
Sivagangai District,
Sivagangai.
3.The District Backward and Minority Welfare Department,
Rep. by its Officer,
Sivagangai.
4.The Tahsildar,
Kalaiyarkoil Circle,
Sivagangai District.
5.The Bishop,
R.C.Diocese of Sivagangai,
Bishop's House Britto Nagar,
Melur Road,
Sivagangai-630 561.
6.The Inspector of Police,
Kalaiyar Kovil Police Station,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.5917 of 2024
(R6 is suo motu impleaded
vide order dated 11.03.2024) ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents to
prevent any practice of untouchability against the petitioner and other Pallar
and Parayar Christians of the Soosiyarpattanam Village in light of the order of
the Honourable Court made in W.P.(MD).No.10598 of 2019 and thereby allow
them to lift the Sapparam/Thear (Chariot) of St. Joseph R.C.Church and permit
to carry their dead bodies in the vehicle (Thumba) meant for carrying the dead
bodies of the other community people of Soosaiyaparpattanam and permit the
them to participate in the Pangu Peravai of the St. Joseph R.C.Church within
the time that may be stipulated by this Court.
For Petitioner : Mrs.H.Jasima Yasmin
for M/s.Ajmal Associates
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader for R1 to R4
: Mr.A.Albert James
Government Advocate (Crl.side) for R6
: Mr.Anwar Saleem
for Mr.T.Antony Arulraj for R5
ORDER
Heard the learned counsel on either side.
2. The petitioner is a practicing Christian. He is a member of the St.Joseph R.C Church, Soosaiyarpattanam, Kalaiyarkovil Taluk, Sivagangai District. It comes under the 5th respondent diocese. The petitioner alleges that https://www.mhc.tn.gov.in/judis 2/6 W.P(MD)No.5917 of 2024 the parish is also divided on caste lines. The parish members belong to Vanniyar, Pillaimar, Nadar, Uudayar and Parayar communities. The petitioner alleges that while the other caste members are being duly represented and their rights are acknowledged, social discrimination is practised against the members belonging to the parayar community even though they are practicing Christians.
3. The learned counsel appearing for the petitioner would allege that discrimination is manifested in the following manner:-
(I) The persons belonging to parayar community are not allowed to lift the idols from inside the church to the Thumba before it is taken on procession.
(II) The SC community members are not represented in the parish council.
(III) When any death takes place, it is customary to take water from the water tank. But the SC community members are not permitted to go across the village to collect the water.
(IV) Thumba (the vehicle meant for carrying dead bodies) belonging to SC community is not allowed to be parked inside the church compound, whereas the Thumba of the other communities is allowed to be parked.
4. If the allegations made by the petitioner are true, they amount to practice of untouchability which has been forbidden under Article 17 of the https://www.mhc.tn.gov.in/judis 3/6 W.P(MD)No.5917 of 2024 Constitution of India. I must however note that the counsel representing the fifth respondent has been fair in his stand. I therefore refrain from probing further.
5. The Writ Petition is allowed in the following terms:-
(A) The members belonging to the parayar community shall also find place in the parish council.
(B) Henceforth, St. Joseph R.C Church will have only one Thumba. It will be placed inside or outside the church compound. It will be open to use of all irrespective of community background. It appears that there is some dispute regarding ownership of the Thumba. The learned counsel for the fifth respondent states that only one common Thumba will be kept inside the church compound and it can be used by all the communities.
(C) As and when any death takes place, the members belonging to Pallar / Parayar community can very well go through the main street and collect water from the water tank.
No costs.
03.04.2024
Index : Yes / No
Internet : Yes/ No
rmi
https://www.mhc.tn.gov.in/judis 4/6 W.P(MD)No.5917 of 2024 To
1.Principal Secretary to Government, Minority Welfare Department, 735, Annasalai LLA Building 3rd Floor, Chennai-600 002.
2.The District Collector, Sivagangai District, Sivagangai.
3.The District Backward and Minority Welfare Department, Rep. by its Officer, Sivagangai.
4.The Tahsildar, Kalaiyarkoil Circle, Sivagangai District.
5.The Inspector of Police, Kalaiyar Kovil Police Station, Sivagangai District.
https://www.mhc.tn.gov.in/judis 5/6 W.P(MD)No.5917 of 2024 G.R.SWAMINATHAN, J.
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