← Library
Madras High CourtWP/4311/2021disposed of

Kumarsamy Poultry Farm v. Union Of India

2021-02-19Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Thirteenth day of July Two Thousand Twenty One PRESENT THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR WP No.4311 of 2021 VASANTHA [PETITIONER] Vs 1 THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, [RESPONDENTS] KANCHEEPURAM DISTRICT.

2 THE COMMISSIONER OF POLICE, NO.132, COMMISSIONER OFFICE BUILDING, SAMPATH ROAD, VEPERY, CHENNAI 600 007.

3 THE DEPUTY COMMISSIONER OF POLICE, AVADI, CHENNAI 600 053.

4 THE INSPECTOR OF POLICE, T-13, KUNDRATHUR POLICE STATION, SH-113, KUNDRATHUR, CHENNAI 600 069.

5 S.DHANASEKARAN Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a writ of Mandamus directing the first respondent to immediately take action against the 5th respondent on petitioner complaint along with other 146 members belong to Senior Counsel SC & ST community dated 12.04.2021 within the time frame that may be fixed by this Honourable Court (in WP.No.4311/2021) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.BALACHANDERAN Advocate for the petitioner and of MR.E.RAJ THILAK Counsel for Government of Tamil

Nadu(Criminal Side) the court made the following order:- The case of the petitioner is that he belongs to the Schedule Caste Community. The petitioner along with other 146 members of the SC Community are in possession of lands in various Survey Numbers in Kundrathur Village, Kundrathur Taluk, Kanchipuram District. The 5th respondent belonging to an upper caste, conspired with other schedule caste members, attempted to evict the petitioner and others. The petitioner had also made a representation in this regard to the District Collector, Tahsildar, and enquiry is still pending. The 5th respondent had filed WP.No.3120 of 2021, before this Court seeking police protection. Against the same, the petitioner had filed W.A.No.

827 of 2021, in which the Division Bench of this Court had set aside the order of the Single bench and remitted the matter to consider W.P.No.3120 of 2021 afresh. 2.The petitioner is seeking a direction to the 1st respondent to conduct enquiry in accordance with Section 15(A) of the Indian Police Act and Section 17 of the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act. 3.The petitioner's primary contention is based on the orders dt.10.02.2021 and 26.03.2021 passed in W.P.No.3120 of 2021 and W.A.No.827 of 2021, respectively. It is seen from the typed set of papers, the petitioner has not enclosed the said orders and he is directed to produce the same.

4. Post the case on 28.07.2021.

-sd/- 13/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, KANCHEEPURAM DISTRICT.

2 THE COMMISSIONER OF POLICE, NO.132, COMMISSIONER OFFICE BUILDING, SAMPATHI ROAD, VEPERY, CHENNAI 600 007.

3 THE DEPUTY COMMISSIONER OF POLICE, AVADI, CHENNAI 600 053.

4 THE INSPECTOR OF POLICE, T-13, KUNDRATHUR POLICE STATION, SH-113, KUNDRATHUR, CHENNAI 600 069.

Order in WP.4311/2021 Date :13/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 23/07/2021