The court ruled that there was no evidence of social discrimination against the petitioner, confirming his right to participate in temple activities in future.

ORDER :

(M. NIRMAL KUMAR, J.)

This Writ Petition has been filed to direct the respondents 1 to 4 to conduct enquiry based on the petitioner's representation dated 12.11.2024 and take necessary action against respondents 5 to 9 for excommunicating the petitioner and the petitioner's family members by not permitting them to enter into the temple and also not allowing them to worship the god and not receiving the tax from them.

2. The petitioner resident of Athipatti, Sout Street, Aruppukottai, Virudhunagar District had sent a representation to the respondents 1 to 4 on 12.11.2024 for his ex-communication from the village and not collecting contribution for the temple festival and not allowing his family to enter into the temple and not permitting them to worship, but no action has been taken so far, hence the present petition has been filed.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner married one Murugavalli 11 years ago who belongs to scheduled caste community. They have two children namely Pandidurai and Vignesh aged about 11 and 7 years. After marriage the petitioner is residing in the same village and as far as the petitioner is concerned he is living happily within his family but the villagers got offended of the petitioner who belong to Moopar community in marrying the lady from Scheduled caste community. They have excommunicated him and not permitted him to enter the temple and worship and offer and participate in the festival and since they were excommunicated no contribution collected from the petitioner. The petitioner at several time has attempted to make his contribution but refused to receive this year social boycott continues. The petitioner was waiting for all these years to get the issue resolved hoping goodself as the private respondents who claim themselves as group as Kannappar Kula Muthirayar Uravinmurai but the private respondents not changed their attitude not accepting the petitioner and his family. Hence the wife of the petitioner sent a representation to the fourth respondent on 02.11.2022, though CSR No.249 of 2024 assigned, no action has been taken. Hence filed this writ petition seeking direction to the official respondents to enforce rule of law eradicate untouchability and social discrimination.

4. The learned Additional Public Prosecutor submitted that on the complaint given by the wife of the petitioner to the fourth respondent the counter petitioner was called for enquiry and the fifth respondent herein represented on behalf of Kannappar Kula Muthirayar Uravinmurai appeared and gave his statement stating that there was no ex- communication and the petitioner has got all common right as other villagers and it was the petitioner who has not given any common contribution for the past 12 years. Further in the next general body meeting the issue would be discussed and resolved and contribution will be collected from the petitioner and gave a statement.

5.The learned Government Advocate(Civil side) appearing for the respondents 1 to3 submitted that after the receipt of the petition the Tahsildhar had called the respondent 5 to 9 for enquiry and they appeared for enquiry and submitted that in their village Marriappam temple is a public temple for all community people and as regards the Moopar community during the month of Iyyapasi temple festival is conducted on their behalf and for that contribution would be collected from their community people. Prior to collecting contribution there will be village meeting in which the contribution amount will be fixed. As regards the petitioner is concerned the petitioner belongs to Hindu Vallayar community and he had married Devendrakula vellalar community. In the village register petitioner