The Madurai Bench of the Madras High Court dismissed a writ petition challenging exclusion from a temple festival. The Court found the petition lacked locus standi, specific cause of action, and refused to adjudicate private caste disputes regarding temple worship and donations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.3504 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24.02.2021 CORAM THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.3504 of 2021
K.S.Gurusamy Asari ... Petitioner
-vs1.The District Collector, Theni District, Theni.
2.The Revenue Divisional Officer, Uthamapalayam, Theni District.
3.The Tahsildar, Bodinayakanur Taluk, Theni District.
4.The Superintendent of Police, Theni District, Theni.
5.Pounraj, Secretary, Allikula Anupa Gowdar's Village Association, Melachokkanathapuram Village, Bodinayakanur Taluk, Theni District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondents 1 to 4 to take necessary action against the fifth respondent and his caste people for restraining other caste people belong to the Village from taking part in Sri Kaliamman Temple Panguni Festival at Melachokkanathapuram Village Bodinayakanur Taluk, Theni District and also from avoiding their donation (Thalaikattu Vari) towards conducting of festival which is in practice for more than 40 years and also to ensure that all caste people to take part in the temple festival without discrimination and accept their donation for festival to be held on April, 2021, by considering the petitioner's representation dated 11.02.2021 within the time stipulated by this Court.
For Petitioner : Mr.A.Mithun Chakravarthi For Respondents : Mr.M.Karuppasamy 1 to 4 Government Advocate
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W.P.(MD) No.3504 of 2021
ORDER
The prayer in the Writ Petition is to restrain the fifth respondent and his caste people from taking part in Sri Kaliamman Temple Panguni Festival at Melachokkanathapuram Village, Bodinayakanur Taluk, Theni District, and also from performing certain other special offers to ensure all castes people take part in the festival without any discrimination. The entire affidavit is bereft of any details and the averments are extremely bald generic and this Court could not make out any specific cause of action from the same. The writ petitioner has not also explained as to how he is connected with the dispute and what is the locus standi in maintaining this Writ Petition. There appears to be some caste dispute in regard to the worshipping of temples and offering prayers and such disputes cannot be a subject matter of adjudication before this Court in its exercise of Writ jurisdiction.
2.This Court is of the view that the writ petition can be dismissed both on the ground of locus standi and also on the ground that such Writ petition cannot be maintained without disclosing any specific cause of action and also that this Court cannot be a party to a private dispute as between the petitioner and other private respondents. In that view of the matter, this Court is of the clear view that the Writ Petition is without any factual legal basis that can be entertained even for a second.
3.Therefore, the same is dismissed. No costs.
// True Copy //
To
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W.P.(MD) No.3504 of 2021
+1 CC to M/s.SPL GP ( SR-7223[F] dated 25/02/2021 )
W.P.(MD) No.3504 of 2021 24.02.2021
NSM(CO) KB(09.04.2021) 3P 6C
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3 issues framed by the court
Whether the writ petition maintains sufficiently for adjudication regarding a caste dispute over temple festival participation.
Whether the petitioner has sufficient locus standi to maintain the present writ petition.
Whether the Court can interfere in a private caste dispute regarding temple worship and donations.
1 provisions across 1 enactments
K.S.Gurusamy Asari
The District Collector, Theni District
The Revenue Divisional Officer, Uthamapalayam
The Tahsildar, Bodinayakanur Taluk
The Superintendent of Police, Theni District
Pounraj
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
