WP CRL.(MD)/5125/2026 of M.Perumal Vs The District Collector, Siva on 29 September 2026

O R D E R

The relief sought for in this writ petition is to issue a Writ of Certiorarified Mandamus, to call for the records and quash the impugned proceedings dated 17.08.2026 issued by the fifth respondent and to direct the respondents 1 to 5 to grant permission to the petitioner and remaining 13 families of Katchathanallur Village to celebrate Sri Arulmigu Singakkudi Amman Temple festival from 15.09.2026 to 23.09.2026 situated at Ilaiyankudi Taluk, Sivagangai District. 2 (a). The bare facts from the affidavit of the petitioner is just and necessary to dispose the writ petition is as that he was the ex-president of Kachathanallur Village. The said panchayat consists of more than 400 hamlets located in different villages. The entire village consists of different community people, viz., Maravar, Agamudaiyar, Yadhavar, Pillaimar & Devendrakula Velalar. The petitioner belongs to Devendrakula Velalar Vadaku Kudi Iruppu. The other 140 families are living and all of them are harmoniously in the said village and all belong to Devendrakula Velalar community. There is no discrimination between them. Each community peoples having separate temples. These temples were worshipped by all the villagers and several based on the customs and rituals.

(b) . The said Devendrakula Velalar community established a temple, viz., Sri Arulmigu Singakkudi Amman Temple at S.F.No. 42 at Katchathanallur, which is situated at Tank Poramboke land to an extent of 5 cents. In the said land, the Devendrakula Velalar community constructed a small “Mulaipari Thinnai” in 2000. Thereafter, the entire 140 families have jointly celebrated Aadi Mulaipari Festival in the month of July last week or first week of August in every year. At this juncture, 14 Devendrakula Velalar families, including the petitioner's family were ex-communicated by the respondents 6 to 10 in March, 2020 without any valid reason. In this regard, one Karuppaiah filed a writ petition in W.P. (MD)No.17488 of 2020 against the ex-communication. Having peace committee meeting resolution passed on 28.09.2020 and 12.03.2021 headed by the Deputy Tashildar, Ilaiyankudi, there was a compromise that the festival could be conducted jointly.

(c) . In that peace committee resolution, Thalaikattu Vari from all the families be collected. But, the respondents 6 to 10 and their supporting parties have not followed as per the peace committee resolution. Again, under the chairmanship of the fourth respondent, another peace committee meeting was conducted on 23.04.2022, wherein the respondents 6 to 10, along with their supporters, appeared and gave an assurance and undertook to receive the Thalaikattu Vari from the petitioner and the other 13 families, and to permit them to participate in the Mulaipari Temple Festival. In the given circumstances, when the petitioner was President of said panchayat, an F.I.R. has been filed at the instance against the sixth respondent (sic) and his family members due to their illegal activities. The enmity established between the petitioner's relatives and other hamlet peoples.

(d) . After completion of the petitioner's tenure as President, at the instigation of the sixth respondent, the respondents 6 to 10 were once again ex-communicated the petitioner and 13 families from the village in 2022. Therefore, the petitioner filed a writ petition in W.P.(MD)No.7360 of 2022 before this Court against the ex-communication. The writ petition filed by the said Karuppaiah in W.P.(MD)No.17488 of 2020 was disposed of on 17.07.2023, as the matter has been settled between the parties. The petitioner's writ petition in W.P.(MD)No.7360 of 2022 was closed as infructuous, based on the above observation. However, the guarantee and promise of the respondents 6 to 10 not followed properly and it was only eyewash. Since 2020 onwards, the respondents 6 to 10 and the supporting parties have not followed their own promise again and again to ex-communicated the petitioner and 13 families.

(e) . Thereby, the petitioner made a detailed representation on 29.07.2025 to the fifth respondent against the respondents 6 to 10. Having no action, the petitioner filed a writ petition in W.P.(MD)No.8573 of 2024 before this Court. It was disposed of by an order dated 01.04.2026 holding that the petitioner could not be permitted to poosari of Sri Arulmigu Selva Vinayagar temple and customary right to be a poosari of the temple. The petitioner has to approach the appropriate authority of HR & CE Department, by filing Section 63 of the HR & CE Act. However, the petitioner was permitted to participate in the said temple festival without any discrimination and in this regard, direction was given to the police to take necessary action. After the said order, the petitioner and their 13 families were hopefully more expectation to receive “Thalaikattu Vari”

and to permit participate the “Aadi Mulaiparti Festival” on 21.07.2026 to 29.07.2026.

(f) . In this regard, the petitioner and others made a representation dated 17.07.2026 to the respondents 1 to 3 and having no action, the petitioner filed a writ petition in WP.(MD)No.4616 of 2026 before this Court for direction. It was disposed of by an order dated 14.08.2026, directing the respondents 1 to 3 to dispose the petitioner's representation at the earliest, preferably before the scheduled festival date. The representation submitted by the petitioner was duly considered. However, ultimately, the fifth respondent, by the impugned order dated 17.08.2026, rejected the request of the petitioner on the ground that the festival had already been conducted in the subject village and, therefore, another festival could not be permitted on the same ground.

(g) . The fifth respondent further observed that the majority of the families had participated in the said festival, whereas the petitioner and 13 other families had not participated therein, and that, if the petitioner and the said 13 families were permitted to conduct the festival separately, it would result in a law and order problem and create further issues in the village. Aggrieved by the said rejection order, the present writ petition has been filed challenging the impugned order. It is submitted that there is no justification for rejecting the petitioner's request merely on the apprehension of a law and order problem, particularly when the petitioner and the other 13 families were not permitted to participate in the festival conducted by the other group. Hence, the petitioner seeks to set aside the impugned order dated 17.08.2026 and consequently direct the respondents to consider and permit the petitioner and the other 13 families to conduct/participate in the festival in accordance with law.

3. Heard both sides. Perused records. Considered the submissions raised by both sides.

4. The short point in this case is as to whether the request of the petitioner is to be allowed by setting aside the impugned order and to permit the petitioner and 13 families to celebrate Sri Arulmigu Singakkudi Amman temple from 15.09.2026 to 23.09.2026?

5. As per the facts narrated in the affidavit, the petitioner belongs to Devendrakula Velalar, which is a Scheduled Caste. There are 140 families belonging to the same Devendrakula Velalar community. In addition to that, there are other four communities, viz., Maravar, Agamudaiyar, Yadhavar and Pillaimar in the village. All the community people are worshipping the temple in the said Katchathanallur village, without any discrimination. As far as Devendrakula Velalar community, they established a temple by name, Sri Arulmigu Singakkudi Amman temple, in tank poramboke land to an extent of 5 cents. Till 2020, there was no dispute among the Devendrakula Velalar community and all the 140 families had jointly participated and celebrated Mulaipari festival and other festival in the said village.

6. As per the averments made in the affidavit of the petitioner, it is evident that the dispute and ensuing differences arose subsequent to the petitioner assuming office as the Panchayat President, wherein as per his direction, F.I.R was registered against the six respondent, thereby the other villagers, that is Devendrakula Velalar community people about 126 families ex-communicated the petitioner and other 13 families, thereby, either the petitioner or the other person, viz., Karuppaiah have approached this Court by different times by filing different writ petitions. In all the writ petitions filed by the petitioner and Karuppaiah in the past have been disposed holding that the petitioner is not entitled to claim poosari right of the subject temple in the writ petition, but, he has to approach the Joint Commissioner, HR & CE Department to invoke Section 63 of the HR &

CE Act. But, records reveals that no such steps taken by the petitioner. All the writ petitions referred in the affidavit discloses that some of the writ petitions considered and some of them closed as infructuous.

7. The contention of the private respondents 6 to 10 is as that though the petitioner and 13 families belonging to Devendrakula Velalar community, there is no ex-communication. Even among persons belonging to the Scheduled Caste community, the question of excommunication, as alleged by the petitioner, cannot arise in the manner contended. Excommunication may arise between persons belonging to different castes or communities; however, where the petitioner and the other 13 families admittedly belong to the same caste, the question of caste-based excommunication, as alleged, does not arise. This Court is of the considered view that the contention of the petitioner that the petitioner and the other 13 families were excommunicated by the members of the Scheduled Caste community cannot be accepted, particularly when the petitioner and the said 13 families themselves belong to the same caste. In the absence of any material to establish that the alleged exclusion was on the basis of caste, the said contention cannot be accepted and is liable to be rejected, accordingly, it is rejected.

8. Further contention of the private respondents 6 to 10 that though every year conducting the festival collectively among the 140 families of Devendrakula Velalar community, there is no restriction to participate in the temple festival to any one. Since the petitioner and 13 families are close relatives, wherein the Karuppaiah is nothing but the brother-in-law of the petitioner and they decided to control the entire village people they are filing this kind of petition, with false facts. There was peace and harmony prevailing in the village. However, according to the respondents, after the petitioner assumed office as the Panchayat President, friction arose in the village and the petitioner himself contributed to the creation of law and order problems. Merely because the petitioner also belongs to the Scheduled Caste community, the same cannot be a ground to allege excommunication or caste-based discrimination.

9. This Court finds that there is no material to establish that the petitioner and the other 13 families were excommunicated from the community or were otherwise subjected to any form of social exclusion. There is also no sufficient material to establish that they were prevented from participating in the temple festival on the ground of their caste. On the contrary, the temple festival for the current year has already been conducted in the village, in which the petitioner and the other 13 families did not participate at their own as per the impugned order. In such circumstances, the apprehension regarding excommunication or denial of participation in the temple festival does not survive for consideration. In one way or the other, the petitioner and the 13 families, who are the relatives of the petitioner, cannot be permitted. If they are permitted, everyone may come forward along with a petition, and the peace and tranquillity in the village would be deteriorated. Therefore, this Writ Petition is devoid of merits. This is the submission raised by the learned counsel for the private respondents.

10. The fact that the entire village people celebrated the festival for the current year is not disputed by the petitioner. The contention of the petitioner is as that he was not permitted to participate in the temple festival cannot be accepted, without any valid reason, thereby, the direction of this Court dated 14.08.2026, directing the police to consider the representation of the petitioner, in which, it was considered properly and ultimately rejected, holding that the village people celebrated the festival for the current year and if at all the petitioner granted once again to celebrate the village festival by the 14 families, it will create law and order problem. Therefore, the rejection order is in accordance with the facts of the case and does not require any interference.

11. Further order dated 01.04.2026, passed in W.P.(MD)No.8573 of 2024, the petitioner has not approached the Joint Commissioner, HR & CE Department, under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, for necessary relief. Without approaching the appropriate Court / authority for claiming any right over the temple, the petitioner, being a villager belonging to the Devendrakula Velalar community, should abide by the common decision taken by all the villagers and mingle with the villagers without any difference. Looking at all the angles, the writ petition is devoid of merit and, therefore, the writ petition is liable to be dismissed and accordingly dismissed, where the impugned order is not required to be disturbed. The point is answered against the petitioner.

12. Pending this writ petition, the petitioner filed WMP.Crl. (MD)No.1225 of 2026 for amendment alternating the date of program from 13.10.2026 to 21.10.2026 instead of 15.09.2026 to 23.09.2026.

Having the main writ petition is dismissed, the WMP.Crl.(MD)No.1225 of 2026 is closed, where no order is required in that W.M.P.

13. In the result, this Writ Petition is dismissed and the impugned order passed by the fifth respondent is hereby confirmed. Consequently, connected WMP.Crl.(MD)No.1225 of 2026 is closed. Internet:Yes Index:Yes/No 07.10.2026 LS To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Superintendent of Police, Sivagangai, Sivagangai District.

3. The Deputy Superintendent of Police, Sub-Division Sivagangai, Sivagangai.

4. The Tahsildar, Ilayangudi Taluk Office, Sivagangai District.

5. The Inspector of Police, Elayangudi Police Station, Sivagangai District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. P. MURUGAN, J. LS Pre-delivery Order made in W.P.Crl.(MD) No. 5125 of 2026 07.10.2026