SELVARAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents 1, 3 and 4 and other caste Hindus to permit the petitioner and the petitioner's community people to enter into the Temple viz., Muthu Kolakki Amman situated at Puthagaram Village, permit them to do worship and participate in the other ritual activities and also permit them to participate in the Car Festival, by allowing the Temple Car to come till the Dalit Colony, during its trial run and also during the main run.

(2.) I have heard Mr.S.Kumaraswamy, learned counsel for Mr.D.Pariventhan, the petitioner and Mr.M.Murali, learned Government Advocate for respondents 1 and 4. Mr.L.Baskaran, learned Government Advocate for respondents 2 and 5. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for third respondent and Mr.G.Karthikeyan, learned Senior Counsel for respondents 6 to 8. Mr.R.Thirumoorthy, learned counsel for the 9th respondent.

(3.) Mr.S.Kumaraswamy, learned counsel for the petitioner would firstly contend that the petitioner belongs to the Schedule Caste Community and has been a resident of Puthagaram village ever since his birth. Muthukolakkiamman Temple is situate in the said village and the said temple owns several acres in and around the village. The allegation of the petitioner is that there has been resistance by the Upper Caste people against the people from the downtrodden Sec. of the Society and in the past, there have been various complaints and representations including Peace Committee Meetings, to even permit the Dalit Community persons to enter into the Temple. Mr.S.Kumaraswamy, learned counsel for the petitioner would further state that though the Temple is under the control of the Hindu Religious and Charitable Endowment Department (in short 'HR & CE'), discrimination continues even now and the caste Hindus have taken law into their own hands and not permitting the Schedule Caste people belonging to Puthagaram village to even worship the deity.