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CDJ 2026 MHC 1715 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. Crl.(MD). No. 1327 of 2026 & W.M.P. Crl.(MD). No. 329 of 2026
Judges: THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Parties : Sathyaseelan Versus The District Collector, Sivagangai & Others
Appearing Advocates : For the Petitioner: L. Siva, Advocate. For the Respondents: R1 & R3, M. Muthumanikkam, Government Advocate (Civil), R2 & R4, S.S. Manoj, Government Advocate (Crl. Side), R5 & R9, N. Juliet Latha, Advocate.
Date of Judgment : 13-03-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 4 to take appropriate action against Respondents 5 to 9 for illegally excommunicating and socially boycotting the petitioner and his family members, and consequently direct the respondents 1 to 4 to ensure that the petitioner and his family members are not subjected to any form of social boycott or excommunication by the respondents 5 to 9 and further direct the respondents 1 to 4 to provide adequate police protection and ensure that the petitioner and his family members are permitted to peacefully participate, offer prayers, and perform their customary religious practices in the temple festival scheduled to be held from 11.03.2026 to 15.03.2026 at “Sri Vangolaikaliamman Temple” situated at K.Usilampatti Village, Sivagangai Taluk, Sivagangai District and also at “Sri Manthai Karupanasamy Temple and Sri Sevugaperumal Temple” situated at Kutooravupatti Village, Sivagangai Taluk, Sivagangai District, without any discrimination or obstruction by respondents 5 to 9 and their men or agents, based on the petitioner's representations dated 14.02.2026 and 16.02.2026.)

1. This petition has been filed seeking for a direction to the respondents 1 to 4 to take appropriate action against respondents 5 to 9 for illegally excommunicating and socially boycotting the petitioner and his family members, and consequently direct the respondents 1 to 4 to ensure that the petitioner and his family members are not subjected to any form of social boycott or excommunication by the respondents 5 to 9 and further direct the respondents 1 to 4 to provide adequate police protection and ensure that the petitioner and his family members are permitted to peacefully participate, offer prayers, and perform their customary religious practices in the temple festival scheduled to be held from 11.03.2026 to 15.03.2026 at “Sri Vangolaikaliamman Temple” situated at K.Usilampatti Village, Sivagangai Taluk, Sivagangai District and also at “Sri Manthai Karupanasamy Temple and Sri Sevugaperumal Temple” situated at Kutooravupatti Village, Sivagangai Taluk, Sivagangai District, (hereinafter referred to as 'subject temple'), without any discrimination or obstruction by respondents 5 to 9 and their men or agents, based on the petitioner's representations dated 14.02.2026 and 16.02.2026.

2. The learned counsel for the petitioner submitted that the subject temple belongs to 60 families, of which the petitioner represent three families. All the said 60 families belong to the same community. Due to certain indifferences between the petitioner and the private respondents herein, the petitioner's family comprising three families were not permitted to participate in the temple festival or to touch the ‘Kudhirai Vahanam’ and experience the grace of Arulmigu Sri Manthai Karupanasamy Temple, including participation in the divine transcendental dance.

3. The learned Government Advocate appearing for the respondent police categorically submitted that, except for participation in the divine transcendental dance, they may be permitted to participate in the temple festival.

4. The learned counsel appearing for the private respondents categorically contended that the private respondents herein have no objection to the petitioner’s family, comprising three families, offering worship. However, they shall not claim any first honour.

5. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the respondents 6 to 8, notice to them is dispensed with.

6. In terms of the submission made by either parties, there is no dispute about the fact that the subject temple belongs to the 60 families. However, as far as the plight of the petitioner, they should be allowed to touch the Kudhirai Vahanam of Sri Manthai Karupanasamy Temple and also to perform divine transcendental dance.

7. This Court is of the considered view that the petitioner’s family, comprising three families, shall be permitted to participate in all the functions of the subject temples and also permitted to worship the deities, more particularly to touch and experience the grace of the 'Kudhirai Vahanam of Sri Manthai Karupanasamy. It is made clear that the petitioner and his men should not create any ruckus in the name of divine transcendental dance.

8. Though the learned counsel appearing for the respondents 5 and 9 drew my attention to a resolution resolved by the members of the subject temple preventing the petitioner's family from participating in the temple festival, this Court is of the considered view that the said resolution amounts to excommunicating the petitioner's family and hence, that the same cannot be given effect to.

9. At this juncture, the learned counsel appearing for the petitioner also required proper police protection for their participation in the temple festival. In this regard, the respondent police is directed to afford necessary police protection on payment of necessary charges by the petitioner in terms of GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.

10. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed.

 
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