This court disposed of a contempt petition alleging non-compliance of an order directing respondents to investigate an allegation of social excommunication. The court read the police report and noted the matter was a power struggle rather than excommunication, closing the petition.
Contempt petition closed.
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.
Cont.P.No.2190 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Cont.P.No.2190 of 2023
M.M.Vijay Anand .. Petitioner
/Vs/
The Nilgiris District 643 001.
PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for willful disobedience of the order made in W.P.No.12825 of 2023 dated 26.04.2023
For Petitioner : M/s.M.M.Vijayanand ( Part in Person)
For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
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Cont.P.No.2190 of 2023
O R D E R
Contempt petition is filed alleging the order of this Court passed
in W.P.No.12825 of 2023 dated 26.04.2023 not been complied.
had given a representation to the respondents about the alleged excommunication by a group of villagers and to take action against them by restoring social order.
respondents 1 to 3 to look into the representation given by the petitioner and take appropriate action, if any material available indicating social excommunication. Present contempt petition is filed alleging that, authorities have not taken any action.
pursuant to the order of this Court, enquiry was conducted and representatives of both group were called. Within the jurisdiction of Kotagiri Police station, the village of the petitioner falls. The entire population belong to paduga community and there are 150 houses. 2/5
Cont.P.No.2190 of 2023
Regarding conducting of the festivals of two temples in that village, one Sri Ranganathan Temple and another Sri Mahaliamman Temple. Since, 2019, there is dispute between two groups and the Village Headmen as well as the Revenue Authorities in order to bring cordiality between two groups had conducted several peace meet, but has gone on vein. While 14 families to which, petitioner represents alleged that the rest of the family members are excommunicating them and not allowing them to worship their deity or participate in the temple festivals. The other groups headed by the Village President make similar allegations against Vijayanand and his supporters. Therefore, after conducting their enquiry by Konnor Sub Division Superintendent of Police, report has been forwarded stating that the members of majority group are ready to accept the minority group head by Vijay Anand and his supporters without participating in the peace meeting convened on 22.06.2023 and left the village after locking their house.
narrating the events took place during the peace meet held on 22.06.023 and 23.06.2023, this Court finds that, it is not a matter of excommunicating a person for any reasons, but it is a power fight between https://www.mhc.tn.gov.in/judis 3/5
Cont.P.No.2190 of 2023
two groups. For position in the village panchayat, fight is going and for
that police cannot be responsible.
29.11.2023
Speaking order/Non speaking order Index : Yes
sma
To
The Nilgiris District 643 001.
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Cont.P.No.2190 of 2023
Dr.G.JAYACHANDRAN,J.
Sma
Cont.P.No.2190 of 2023
29.11.2023
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2 issues framed by the court
Whether the respondents have shown willful disobedience of the order directing them to look into the complaint of social excommunication.
Whether the dispute regarding village management and temple festivals constitutes social excommunication.
M.M.Vijay Anand
Mr.Nandakumar IAS
Mr.S.P.Amrith I.A.S
Dr.K.Prabhakar
DR.JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
