Santosh Kumar v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6120 of 2025

1. Santosh Kumar

2. Muthusetti

3. Allimuthu

4. Rajendran

5. Anjappan ... Petitioners Vs.

1. The Government of Tamil Nadu, Department of Home, represented by its Additional Chief Secretary, Secreteriat Fort St. George, Chennai - 9.

2. The District Collector, District Collectorate, Mayiladuria 609 001.

3. The Superintendent of Police, Arupathimoovarpettai, Mayiladurai 609 001.

4. The Inspector of police, Poompuhar Police Station, Poompuhar, Sirkazhi Taluk, Mayiladuthurai.

5. G.N. Balu

6. G.N.Ravi

7. Elumalai

8. Rajendran ..Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the respondents 1 to 4 to take effective steps including against the 5th respondent to 8th respondent to ensure that the petitioners are not in any manner ostracised or subjected to illegal restrictions including from practising their vocation and eking their livelihood in their village at Poompuhar, Keelaiyur, Kaveripattinam, Mayiladuthurai District, while exercises their fundamental rights on account of professing the religious faith.

For Petitioner : Mr. Ravi Kumar Paul, Sr. Counsel for M/s.Paul and Paul For Respondents : Mr.P.balathandayuthan, Spl.Govt. Pleader for R1 and R2 Mr.K.M.D. Muhilan, Govt. Advocate (crl.side) for R3 and R4

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 4 to take effective steps including against the 5th respondent to 8th respondent to ensure that the petitioners are not in any manner ostracised or subjected to illegal restrictions including from practising their vocation and eking their livelihood in their village at Poompuhar, Keelaiyur, Kaveripattinam, Mayiladuthurai District, while exercises their fundamental rights on account of professing the religious faith.

2. Heard Mr. Ravi Kumar Paul, learned senior counsel for petitioner and Mr.P.Balathandayutham, learned Spl. Govt. Pleader appearing for the respondents 1 and 2 and Mr.K.M.D. Muhilan, learned Govt. Advocate (crl.side) appearing for the respondents 3 and 4.

3. Without expressing any opinion on the merits of the writ petition, the 2nd respondent is directed to conduct enquiry on the complaint lodged by the petitioners, after issuing notice to the petitioners and respondents 5 to 8 herein and pass orders on the same, after giving an opportunity of personal hearing to both sides, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of with the above direction. No costs.

21.02.2025 : Yes/No Speaking/non-speaking order msr

To

1. The Government of Tamil Nadu, Department of Home, represented by its Additional Chief Secretary, Secreteriat Fort St. George, Chennai - 9.

2. The District Collector, District Collectorate, Mayiladuria 609 001.

3. The Superintendent of Police, Arupathimoovarpettai, Mayiladurai 609 001.

4. The Inspector of police, Poompuhar Police Station, Poompuhar, Sirkazhi Taluk, Mayiladuthurai.

G.K.ILANTHIRAIYAN, J.

msr W.P.No.6120 of 2025 21.02.2025