C.Zhumalai v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.20476 to 20478 of 2013 and M.P.Nos.1 to 1 of 2013 C.EZhumalai

...Petitioner in W.P.20476/2013

M.Chinnapillai

...Petitioner in W.P.20477/2013

K.Desiyamani

...Petitioner in W.P.20478/2013

-vs1. The State of Tamil Nadu, Rep by its Chief Secretary, Fort St.George, Chennai.

2. The District Collector, Chennai District, Singaravelar Maaligai, Rajaji Saalai, Chennai - 1.

3. The Commissioner of Police Greater Chennai, Office of the Commissioner of Police, Egmore, Chennai - 600 008.

4. The Inspector of Police, Thiruvotriyur Police Station, Thiruvotriyur, Chennai.

5. Thiruvotriyur Kuppam Grama Sabha, Rep by Panchayatdar Mr.Panchan, Thiruvotriyur Kuppam, Chennai 600 019.

...Respondents in all W.Ps

Prayer in all W.Ps: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus, directing the 3rd and 4th respondents to register the complaint dated 27.6.2013, 24.06.2013 and 27.06.2013 respectively and initiate action against the 5th respondent and consequently direct the respondents 1 to 3 to implement the orders of this Honourable Court in Gopal Vs State of Tamilnadu in its true spirit and put down the evil practice of Kattapanchayats or Kangaroo Courts perpetually and particularly in the Thiruvotriyur Kuppam with immediate effect.

For Petitioner : No Appearance in all W.Ps.

For Respondents : Mr.V.Shanmuga Sundar 1 to 4 (in all Wps) Special Government Pleader For Respondent-5 : Served-No Appearance C O M M O N O R D E R These matters are taken up for hearing through Video Conferencing mode.

2.

These writ petitions are filed seeking a direction to the respondents 3 and 4 to register the complaint dated 27.6.2013, 24.06.2013 and 27.06.2013 respectively and initiate action against the fifth respondent and consequently direct the respondents 1 to 3 to implement the orders of this Court in Gopal Vs State of Tamilnadu in its true spirit and put down the evil practice of Kattapanchayats or Kangaroo Courts perpetually and particularly in the Thiruvotriyur Kuppam with immediate effect.

3.

On 17.08.2020, when the matter was called, there was no representation on behalf of the petitioner and hence, the matter was directed to be listed on 03.09.2020. When the matter was listed on 03.09.2020, there was no representation on behalf of the petitioner and hence, in order to given one more opportunity to the petitioner to argue the case, the matter was directed to be listed on 10.09.2020 under the caption 'For Dismissal'. Even today (i.e. on 10.09.2020), when the matter is called, there is no representation for the petitioner either in person or through counsel.

4.

At this juncture, the learned Special Government Pleader submitted that the fourth respondent had filed a common counter-affidavit narrating about the action taken by them on the complaints given by the petitioner herein and registration of Crime No.715 of 2013 for the alleged offences under Sections 355, 384, 560(i) IPC and 153B(1) (b) read with 511 IPC and arrest of the accused. The learned Special Government Pleader also submitted that the petitioner in W.P.No.20477 of 2013 is no more. Thus, it is submitted that the respondents have taken prompt action on the complaints of the petitioners.

5.

Since the prayer sought for by the petitioners for a Writ of Mandamus has already been complied with and as the petitioners have not been appearing before this Court consecutively for so many occasions, as stated above, these petitions are dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar srn/gg To

1. The Chief Secretary, State of Tamil Nadu, Fort St.George, Chennai.

2. The District Collector, Chennai District, Singaravelar Maaligai, Rajaji Saalai, Chennai - 1.

3. The Commissioner of Police Greater Chennai, Office of the Commissioner of Police, Egmore, Chennai - 600 008.

4. The Inspector of Police, Thiruvotriyur Police Station, Thiruvotriyur, Chennai.

W.P.Nos.20476 to 20478 of 2013 and M.P.Nos.1 to 1 of 2013 rsv[co] srg 09/10/2020