K.Saravanan v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:14.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Saravanan, S/o Kulanthaivel, Door No.1/101, PillaiyarTemple Garden, Thirumalaipatti Mail, Senthamangalam Circle, Namakkal District.

.. Petitioner /versus/ 1.The District Collector cum District Magistrate, O/o The District Collectorate, Namakkal District.

2.R.Periyasamy, S/o Ramasamy, 3/56A,Thevvaipatti, Thirumalaipatti Village, Senthamangalam Circle, Namakkal District.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue of Writ of Mandamus to direct the 1st respondent to 1/5

speedy conclude of the dispute as per the petitioner's representation on 03.12.2024.

For Petitioner :Mr.G.Munuraj For Respondents :Mr.S.Balamurugan, GA for R1

ORDER

This writ petition is filed to conclude the enquiry on the petitioner's representation dated 03.12.2024.

2. Upon perusal of the said representation and the affidavit filed in support of the Writ Petition and hearing the learned counsel for the petitioner, the grievance of the petitioner is that the second respondent acted in an hostile and inimical manner during the funeral of a particular person, thereby, the petitioner was ostracized from even placing the wreath/garland on the dead body. The same amounts to ex-communication of the petitioner. Therefore, the above writ petition is made. 2/5

3. From the grievance, it can be seen that it is an incident that happened in a particular funeral. There is no any continuing ex-communication, in which case, this Court can direct the concerned police authorities to see that, there is no ex-communication of the petitioner from the village. If the action amounts to any criminal offence, the petitioner could have also filed criminal complaint. If the petitioner is aggrieved that the private individual has violated any private right, it will be open for him to approch the Civil Court for compensation also. As of today, this Court does not see any continuing ex-communication or any extra constitutional writ being issued by the second respondent or any other authority. Therefore, keeping open the individual remedies of the petitioner as against the second respondent before the appropriate forum, this Writ Petition stands disposed of. No costs.

17.03.2025 ari 3/5

To:

1.The District Collector cum District Magistrate, O/o The District Collectorate, Namakkal District.

4/5

D.BHARATHA CHAKRAVARTHY,J.

ari 14.03.2025 5/5