Madras High Court
J.Doss Prakash vs The Collector on 30 April, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.P(MD)No.10661 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P(MD)No.10661 of 2024
and
W.M.P(MD)No.9548 of 2024
1.J.Doss Prakash
2.A.Pouldoss
3.Raj Nobili ... Petitioners
vs.
1.The Collector,
Collector Office,
Tiruchirapalli – 620 001.
2.The Director,
Department of Minority Welfare,
Government of Tamil Nadu,
Khalasa Mahal Heritage Building,
First Floor,
Chepauk,
Chennai – 600 005.
3.The Member Secretary,
State Minorities' Commission- Tamil Nadu State,
735, Anna Salai,
L.L.A. Building,
3rd Floor,
Chennai- 600 002.
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W.P(MD)No.10661 of 2024
4.The Secretary,
National Commission For Minorities (NCM),
Government of India,
3rd Floor, Block-3,
C.G.O Complex, Lodhi Road,
New Delhi – 110 003.
5.The Secretary,
Ministry of Minority Affairs,
Government of India,
11th Floor, Pandit Deendayal Antyodaya Bhawan,
C.G.O Complex Lodhi Road,
New Delhi - 110 003.
6.The Inspector General of Police,
Social Justice and Human Rights,
Government of Tamil Nadu,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Chennai – 600 004.
7.The Additional Director General of Police,
Social Justice and Human Rights,
Government of Tamil Nadu,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Chennai – 600 004.
8.The Parish Priest,
Kottapalayam Parish,
St. Magdaline Mary Church,
Kottapalayam, Thuraiyur Taluk
Tiruchirapalli – 621 003.
9.The Bishop of Kumbakkonam,
Diocese of Kumbakkonam,
Catholic Bishops House,
John Selvaraj Nagar Road,
Kumbakkonam – 612 001.
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W.P(MD)No.10661 of 2024
10.The President,
Tamil Nadu Bishops' Council (TNBC),
TNLBC Secretariat,
Old No 22/ New No 45, Santhome High Road,
Chennai - 600 004.
11.The Secretary General,
Tamil Nadu Bishops' Council (TNBC),
TNLBC Secretariat,
Old No 22/ New No 45, Santhome High Road,
Chennai – 600 004.
12.The President,
Catholic Bishops' Conference of India (CBCI),
C.B.C.I Centre,
1, Ashok Place, Near Gole Dakkhana,
New Delhi - 110 001.
13.The Secretary General,
Catholic Bishops' Conference of India (CBCI),
C.B.C.I Centre,
1, Ashok Place, Near Gole Dakkhana,
New Delhi - 110 001.
14.The Archbishop of Madurai,
The Archdiocese of Madurai,
Archbishop's House,
K.Pudur,
Madurai – 625 007.
15.The Secretary,
Office of the SC / BC,
Tamil Nadu Bishops' Council,
Udaya Deepam,
Karumandapam – Post,
Trichy- 620001
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W.P(MD)No.10661 of 2024
16.The Bishop of Dindigul,
The Chairman, Tamil Nadu Bishops Council,
SC/BC Wing, Diocese of Dindigul,
Catholic Bishop House,
Valan Nagar, Mullipady P.O.,
B.K.Pudur, S.O,
Dindigul – 624 005.
17.The Most Rev. Charat Chandra Nayak,
The Chairperson,
Office of the SC / BC, CBCI
and the Bishop of Berhampur Diocese,
Ganjam,
Odissa – 760 001. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to
allow the following practice in the petitioners' church as follows: i) For
allowing some of the representatives of the Christians of Scheduled Castes
Origin/ Dalit Catholic Christians of the Parish/Pastorate to be elected to the
Parish Church Council and the Church rebuilding Fund Collection Committee
as members par with the dominant Castes/non-Dalit Catholic Christian
people. ii) For allowing the Car festival of the Parish Church to be conducted
in this year without any castes discriminatory practice, so that equality may
be maintained during the worshipping timings. iii) For the entire Christians
of Scheduled Castes Origin/Dalit Catholic Christian people of that Parish,
pave way to use the big Cemetery for burying their dead bodies without any
Castes discrimination and for the usage of one common dead body
Carrier/hearse Vehicle/funeral Cart for eradication of the Castes
discriminatory practice. iv) For allowing all the Christians of Scheduled
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W.P(MD)No.10661 of 2024
Castes Origin/Dalit Catholic Christians to remit their Church membership
subscription money to the Church and for remitting the Church building
subscription money as tax to the Church, not as donation par with
non- Dalit Catholic Christians. v) For allowing all the Christians of Scheduled
Castes Origin/Dalit Catholic Christians to bring their dead bodies to the
Parish Church for doing the final funeral prayer/ritual mass par with other
non- Dalit Catholic Christians. vi) For the removal of Castes discriminatory
practice in the festival's Flag hoisting ceremony and the Flag procession on
all the Streets and vii) For passing any order by this Honorable Court, which
would be deemed to fit by considering the fact of this case and law.
For Petitioners : Mr.Thomas Franklin Caesar
For Respondents : Mr.P.Thilak Kumar
Government Pleader
for R.1 to R.3
: Mr.K.Sankararaman
for R.4 & R.5
: Mr.S.S.Madhavan
Government Advocate (Crl. Side)
for R.6 & R.7
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is to direct the respondents to allow the following practice in the petitioners' church as follows: i) For allowing some of the representatives of the Christians of Scheduled Castes Origin/ Dalit Catholic Christians of the Parish/Pastorate to be elected to the 5/15 https://www.mhc.tn.gov.in/judis W.P(MD)No.10661 of 2024 Parish Church Council and the Church rebuilding Fund Collection Committee as members par with the dominant Castes/non-Dalit Catholic Christian people. ii) For allowing the Car festival of the Parish Church to be conducted in this year without any caste discriminatory practice, so that equality may be maintained during the worshipping timings. iii) For the entire Christians of Scheduled Castes Origin/Dalit Catholic Christian people of that Parish, pave way to use the big Cemetery for burying their dead bodies without any Castes discrimination and for the usage of one common dead body Carrier/hearse Vehicle/funeral Cart for eradication of the Castes discriminatory practice. iv) For allowing all the Christians of Scheduled Castes Origin/Dalit Catholic Christians to remit their Church membership subscription money to the Church and for remitting the Church building subscription money as tax to the Church, not as donation par with non-Dalit Catholic Christians. v) For allowing all the Christians of Scheduled Castes Origin/Dalit Catholic Christians to bring their dead bodies to the Parish Church for doing the final funeral prayer/ritual mass par with other non- Dalit Catholic Christians. vi) For the removal of Castes discriminatory practice in the festival's Flag hoisting ceremony and the Flag procession on all the Streets and vii) For passing any order by this Honorable Court, which would be deemed to fit by considering the fact of this case and law. 6/15 https://www.mhc.tn.gov.in/judis W.P(MD)No.10661 of 2024
2.In the prayer, it is alleged by the petitioners that some discrimination in the name of caste is being adopted by the Church authorities, therefore, such a prayer has been sought for.
3.Today, when the case is taken up for hearing at the admission stage, Mr.S.S.Madhavan, learned Government Advocate (Criminal Side) appearing for the respondents 6 and 7 has submitted that in fact these petitioners already approached the National Commission for Minorities with the same prayer and that was directed to be considered and a report was called for by letter of the National Minority Commission, dated 23.08.2023 to the District Police.
4.In response to the same, the Superintendent of Police, Tiruchirappalli District has sent a report to the Director, National Commission for Minorities on 18.01.2024 and the entirety of the report is extracted hereunder:
'2) It is submitted that the Inspector of Police, Uppiliyapuram Police Station, Trichy District has conducted an investigation on the petition mentioned in the reference 1st cited. The Inspector of Police, 7/15 https://www.mhc.tn.gov.in/judis W.P(MD)No.10661 of 2024 Uppiliyapuram has submitted in his enquiry as the petitioners 1.Tr.J.Doss Prakash S/o.Joseph Amaldoss 2. Pauldoss S/o Arockiasamy and 3.Raj Nobili who reside at Kottapalayam (PO), Thuraiyur (TK), Trichy district had sent a petition to NCSC and several government authorities requesting to take action against the practice of untouchability prevailing in kottapalayam (particularly in the Magadaline Catholic Church) the dominant upper caste catholic Christians.
3) The petition contains the following matters.
i) They have requested to take necessary action for incorporating the Dalit Catholic Parayars, Pallars, Arunthathiyars and Vannan of Kottapalayam as members of the Parish Church Council.
ii) The Church fund subscription Collection book should be handed over to the neutral and unbiased Parish Priest of Kottapalayam.
iii) Action should be taken to provide common funeral cart to all the community people.8/15
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iv) The Dalit Christians should also be allowed to carry the statues/idols of the eight saints to place them on seven cars a custom practice.
v) The Church should have common burial ground by removing the present dual cemetery maintained for upper catholics and dalit Christians separately.
4) In this regard, the Deputy Superintendent of Police, Musiri Sub-Division went to the above mentioned church and enquired the priest of the church, Tr.Augustin S/o Thanislas. The following details are came to known from the investigation that all the community people belongs to the above said church are having their own representatives separately. Fund subscription during the festival were collected by their own association. Each community has their own funeral vehicles. The deity and sacred flag are being carried in the streets which are traditionally followed during the festival times.
5) This is for favour of kind information please.
Superintendent of Police Tiruchirappalli District' 9/15 https://www.mhc.tn.gov.in/judis W.P(MD)No.10661 of 2024
5.Relying upon this report, the learned Government Advocate (Criminal Side) appearing for the respondents 6 and 7 would submit that after the investigation made in this regard by the police authorities, such a report has already been sent to the National Minority Commission as no such discrimination is found in the Church and therefore, the allegation that has been made by the petitioners in this Writ Petition is unfounded.
6.In response to the same, the learned counsel appearing for the petitioners would submit that the copy of the report of the District Superintendent of Police has not been served on them.
7.We have considered the said submissions.
8.Insofar as the prayer that has been sought for in this Writ Petition is concerned, first of all, it is a dispute between the Church authorities and these petitioners. Normally, this kind of issue could be resolved in a civil Court.
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9.Be that as it may, suppose any alleged discrimination is there in the name of caste that becomes a public cause where the authorities concerned must ensure that no such discrimination in the name of caste should take place.
10.In this context, it is to be noted that the petitioners already approached the National Commission for Minorities with the same prayer or similar prayer and that has been taken into account where the Minority Commission had sent a communication on 23.08.2023 to the District Police authorities, who in turn, investigated the matter and send a detailed report to the Director, National Commission for Minorities on 18.01.2024 and the report has already been extracted herein above.
11.Therefore, the police authorities having investigated the matter have given the said report where nothing had happened as has been alleged by the petitioners or complained by them in this Writ Petition in the said Church and no such discrimination is found out. 11/15 https://www.mhc.tn.gov.in/judis W.P(MD)No.10661 of 2024
12.However, the ultimate decision has to be taken in this matter by the National Commission for Minorities with whom the petitioners already made a representation or complaint which is being considered by the said Commission.
13.When that being the position, the present Writ Petition is not only superfluous but also without jurisdiction and therefore, for want of jurisdiction as well as on merits, we feel that there is no plausible reason to entertain this Writ Petition for the prayer that has been sought for in this Writ Petition in view of the aforestated developments.
14.Resultantly, this Writ Petition fails and therefore, it is liable to be dismissed, accordingly, it is dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[R.S.K.,J.] [G.A.M.,J.]
30.04.2024
(1/2)
NCC : Yes / No
Index : Yes / No
ps
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W.P(MD)No.10661 of 2024
To
1.The Collector,
Collector Office,
Tiruchirapalli – 620 001.
2.The Director,
Department of Minority Welfare,
Government of Tamil Nadu,
Khalasa Mahal Heritage Building,
First Floor, Chepauk,
Chennai – 600 005.
3.The Member Secretary,
State Minorities' Commission- Tamil Nadu State, 735, Anna Salai, L.L.A. Building, 3rd Floor, Chennai- 600 002.
4.The Secretary, National Commission For Minorities (NCM), Government of India, 3rd Floor, Block-3, C.G.O Complex, Lodhi Road, New Delhi – 110 003.
5.The Secretary, Ministry of Minority Affairs, Government of India, 11th Floor, Pandit Deendayal Antyodaya Bhawan, C.G.O Complex Lodhi Road, New Delhi - 110 003.
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6.The Inspector General of Police, Social Justice and Human Rights, Government of Tamil Nadu, Office of the Director General of Police, Dr.Radhakrishnan Salai, Chennai – 600 004.
7.The Additional Director General of Police, Social Justice and Human Rights, Government of Tamil Nadu, Office of the Director General of Police, Dr.Radhakrishnan Salai, Chennai – 600 004.
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and G.ARUL MURUGAN,J.
ps ORDER MADE IN W.P(MD)No.10661 of 2024 DATED : 30.04.2024 (1/2) 15/15 https://www.mhc.tn.gov.in/judis