K.Raja v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Writ Petition No.3103 of 2024 K. Raja ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Additional Chief Secretary, Home Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Salem District, Salem.

3. The Superintendent of Police, Salem District, Salem.

4. The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.

5. G. Sathish

6. K. Dhanakoti

7. P.Gopi

8. G. Rajagopal

9. K. Duraisamy @ Kaliappan

10. G. Thangavel

...Respondents

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take suitable action against the respondents 5 to 10 based on the complaint of the petitioner dated 09.10.2023 and consequently, restrain the respondents 5 to 10 from conducting any Katta Panchayats or imposing any Kangaroo Court decision on the petitioner's family.

For Petitioner : Mr.K. Selvaraj For Respondents : Mr.A.Gopinath Nos.1, 3 and 5 Government Advocate (Crl.Side) For Respondent : Mr.P.Balathandayutham No.2 Special Government Pleader - - - - -

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take suitable action against the respondents 5 to 10 based on the complaint of the petitioner dated 09.10.2023.

2. The learned Government Advocate (Criminal Side), on instructions, submitted that the complaint lodged by the petitioner was referred before the Revenue Divisional Officer for conducting enquiry. The Revenue Divisional Officer conducted a detailed enquiry on 21.03.2024 and recorded an undertaking given by respondent Nos.5 to 10 that not to indulge any such activities in future.

3. The learned counsel appearing for the petitioner submitted that even till date, illegalities are in progress by respondent Nos.5 to 10 herein even then the petitioner lodged the complaint that his wife was attempted to rape by the accused persons. Therefore, respondent Nos.5 to 10 have conducted Katta Panchayat not to allow the petitioner to participate in any public function.

4. In view of the above, the second respondent/District Collector, Salem District, is directed to conduct an enquiry on the complaint lodged by the petitioner and pass orders on merits and in accordance with law after issuing notice to the petitioner as well as to respondent Nos.5 to 10

herein and also affording them an opportunity of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

21.02.2025 asi To

1. The Additional Chief Secretary, Home Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Salem District, Salem.

3. The Superintendent of Police, Salem District, Salem.

4. The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.

G.K.ILANTHIRAIYAN, J.

asi Writ Petition No.3103 of 2024 21.02.2025