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CDJ 2025 MHC 6727
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| Court : High Court of Judicature at Madras |
| Case No : W.P. (Crl.). No. 1440 of 2025 & W.P.M.P. (Crl.). No. 710 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA |
| Parties : R. Gajapathy Versus The District Collector, Chengalpet & Others |
| Appearing Advocates : For the Petitioner: K. Balu, Advocate. For the Respondents: R1 to R6, K.M.D. Muhilan, Additional Public Prosecutor, R7 to R15, A. Murugavel, Advocate. |
| Date of Judgment : 26-11-2025 |
| Head Note :- |
| Constitution of India - Article 226 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Sections 296(b) and 351(2) of the BNS, 2023
- Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002
2. Catch Words:
- mandamus
- writ
- excommunication
- kangaroo courts
- harassment
- religious freedom
3. Summary:
The petitioner sought a writ of mandamus under Article 226 directing officials to act against private respondents who allegedly barred him and seven other families from worshipping at Sri Gangaiamman Temple and from participating in its consecration ceremony. The petitioner claimed the private respondents, self‑styled village heads, were conducting “kangaroo courts” and excommunicating families. The official respondents argued the matter was civil, closed the complaint, and cited pending criminal cases under Sections 296(b), 351(2) of the BNS, 2023 and the Tamil Nadu Prohibition of Harassment of Women Act, 2002. The private respondents denied any obstruction and asserted they had contributed to the festival. The Court suggested forming a joint committee of four members from each side to ensure a peaceful festival and directed the police to monitor law and order. The petition was thereafter disposed of without granting the relief sought.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer : Criminal Original Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 4 to 6 to take action against the respondents 7 to 13 for preventing the petitioner and his family members along with 7 families from worshiping Sri Gangaiamman Temple and consequently, directing the respondents 1 to 6 to forbear the respondents 7 to 13 from conducting/preparation for the consecration function scheduled to be held on 27.11.2025 for Sri Gangaiamman Temple in S.No.320/3 situated at Vadanemili Village, Perur Post, Chengalpet District till there is quietus in this issue.)
1. This writ petition (criminal) has been filed seeking a direction to the respondents 4 to 6 to take action against the respondents 7 to 15 (wrongly stated as respondents 7 to 13 in the prayer) for preventing the petitioner and his family members along with 7 families from worshiping Sri Gangaiamman Temple and a consequential direction to the official respondents to forbear the private respondents from conducting/preparing for the temple consecration function scheduled to be held tomorrow (Thursday) for Sri Gangaiamman Temple in S.No.320/3 situated at Vadanemili Village, Perur Post, Chengalpet District, till a quietus is reached in this issue.
2. The case of the petitioner is that he is a resident of Vadanemili Village, Chengalpet District and there is a temple in the village named Sri Gangaiamman temple in S.No.320/3 which was constructed before 100 years and the residents of the said village and nearby villages used to visit the temple and worship the deity. It is the further case of the petitioner that the private respondents, who claim to be the Panchayatdars of the village, are regularly conducting 'kangaroo courts' and they have decided to conduct the temple consecration festival by excommunicating 8 families, including the petitioner's family and they have prevented them from participating in the temple consecration festival.
3. It is the further case of the petitioner that the petitioner and 7 others had lodged a complaint before the official respondents on 07.11.2025 seeking action against the private respondents, for not permitting them to participate in the temple consecration festival. Thereafter, a detailed representation dated 08.11.2025 was also made to the official respondents by one Divya (D/o Dhandapani) who belonged to one of the excommunicated families which is still pending and the official respondents, without taking action against the private respondents, had closed the complaint in C.S.R. No.1286 of 2025 which emanated from the aforesaid complaint dated 07.11.2025, on 21.11.2025 directing the petitioner to seek judicial remedy before the appropriate forum, resulting in the filing of the present writ petition.
4. Mr.K.Balu, learned counsel for the petitioner, would submit that the petitioners and 7 other excommunicated families were worshiping the deity for several generations and the private respondents, claiming to be the village heads, are unlawfully preventing the petitioner and 7 other excommunicated families from conducting the temple consecration festival and they are also threatening the petitioner and other 7 excommunicated families with dire consequences. He would further submit that the complaint dated 07.11.2025 given by the petitioner and 7 others came to be closed without holding due enquiry. While concluding his arguments, learned counsel for the petitioner submitted that the private respondents have erected provocative digital banners, thereby creating tension in the village.
5. Per contra, Mr.K.M.D.Muhilan, learned Additional Public Prosecutor appearing for the official respondents would submit that there are 2 groups in the village, out of which, one group comprises the petitioner and the 7 other allegedly excommunicated families and the other group comprises the private respondents supported by majority of the villagers. He would further submit that the complaint dated 07.11.2025 was with regard to the administration of the aforesaid temple and owing to its civil nature, the complaint was closed, advising the complainants to seek judicial remedy. He would further submit that there are no 'kangaroo courts' functioning in the village and that the official respondents are dutifully upkeeping the law and order in the village and would continue to do the same, including registering complaints received, if any. He would further submit that insofar as the complaint lodged by Divya, a case in Cr.No.294 of 2025 has been registered for offences under Sections 296(b) and 351(2) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, and the respondent police would follow the due procedure and take appropriate action.
6. Mr.A.Murugavel, learned counsel appearing for the private respondents, while denying the allegation of excommunication of eight families, including the petitioner’s family, would submit that the private respondents are not preventing anyone from attending the temple consecration festival. He would also submit that the private respondents, along with 66 other families from the said village, have made monetary contributions for conducting the temple consecration festival and they have no objection in the petitioner and any other residents of the village participating in the temple consecration festival. He would further undertake that the private respondents will ensure that the temple consecration festival is conducted in a solemn and peaceful manner. In reply to the submission made by the learned counsel for the petitioner as regards erection of provocative digital banners, learned counsel for the private respondents submitted that the digital banners have already been removed on the directions of the police and that he will ensure that such provocative digital banners are not erected by the private respondents.
7. The aforesaid submission made by the learned counsel for the private respondents as regards erection of digital banners is recorded.
8. Given the facts and circumstances of the case, this Court suggested that if a Committee comprising four members from each group is formed, the temple consecration festival can be conducted in a peaceful manner.
9. Pursuant to the aforesaid suggestion, on instructions from the petitioner's side, learned counsel for the petitioner submitted that R. Gajapathy, S. Kumar, L. Dhandapani and G. Murugesan shall be the members of the Committee from the petitioner's side.
10. Likewise, on instructions from the private respondents' side, learned counsel for the private respondents submitted that G.Chokkalingam, B. Karthik, M. Mohan and T. Durai shall be the members of the Committee from the private respondents' side.
11. In view of the above, this Court directs the Committee to be formed as above, to ensure that the temple consecration festival scheduled to be held tomorrow (27.11.2025) is conducted in a peaceful manner. It is made clear that any disturbance to law and order during the said festival shall be viewed seriously by the official respondents and hence, the official respondents are directed to monitor the conduct of the temple consecration festival vigilantly and take suitable action, if required, in the event of anyone obstructing the peaceful conduct of the temple consecration festival.
12. With the above directions, this writ petition (criminal) petition is disposed of. Connected W.P.M.P. (Crl.) is closed. There shall be no order as to costs.
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