Maruthambal v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Marudhambal ... Petitioner Vs.

1.District Collector Cuddalore District Cuddalore.

2.District Adi-Dravidar Welfare Officer Collectorate Cuddalore District Cuddalore.

3.Deputy Superintendent of Police Thittagudi Sub-Division 4.Inspector of Police Ramanatham Police Station Cuddalore District Crime No.338 of 2022 1/6

5.The Manager Indian Bank Branch Thittaguid ....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent proceedings in Na.Ka.W9/995327/2023 dated 04.02.2025 and set aside the same as illegal and subsequently directing the 2 & 5 respondents to defreeze the petitioner's Marudhambal W/o Late Chinnasamy, Indian Bank, Thittagudi Branch, Cuddalore District A/c.984851837, in accordance with law.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.S.Senthilmurugan for R1 & R2 Special Government Pleader Dr.C.E.Pratap for R3 & R4 Government Advocate (Crl.Side) 2/6

ORDER

This Writ Petition is filed challenging the impugned proceedings in Na.Ka.No.W9/995327/2023 dated 04.02.2025.

2. The learned counsel for the petitioner would submit that when the compensation amount was paid to the petitioner pursuant to the criminal case that is now pending as S.C.No.3 of 2023 on the file of the Special Court Cuddalore, the same has now been directed to be repaid. No opportunity whatsoever has been provided to the petitioner.

3. Per contra, the learned Special Government Pleader appearing for the respondents 1 & 2 would submit that in this case there is a double entry relating to compensation. The petitioner's daughter is only the victim in the case and the petitioner again had obtained the sum of Rs.1,57,500/- and therefore, the entire amount has to be repaid. As a matter of fact, the impugned order is issued only to provide an opportunity to the petitioner. The same is not the final order.

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4. I have considered the rival submissions and considered the material records of the case as well as the submissions made by the Special Government Pleader relating to the case.

5. The impugned order categorically states that the petitioner can appear before the District Adi-Dravidar Welfare Officer, Cuddalore and submit his explanation to the impugned order. Therefore, it can be seen that it is nothing but a show cause notice. The petitioner can appear before the concerned Officer and give his explanation and upon receipt of such explanation the officer shall consider the explanation and pass orders in accordance with law. It goes without saying that if the compensation is a double entry then the petitioner may have to repay the same. However, it is for the authority to decide the same in accordance with Rules. The petitioner shall appear before the concerned Officer and submit his explanation on or before 09.04.2025. Upon receipt thereof, the Authority shall consider and pass final orders thereon within a period of 8 weeks from the date of receipt of the objections.

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6. With the above direction, this Writ Petition is disposed of. No costs.

24.03.2025 dna To 1.The District Collector Cuddalore District Cuddalore.

2.The District Adi-Dravidar Welfare Officer Collectorate Cuddalore District Cuddalore.

3.The Deputy Superintendent of Police Thittagudi Sub-Division 4.The Inspector of Police Ramanatham Police Station Cuddalore District Crime No.338 of 2022.

5.The Manager Indian Bank Branch Thittaguid 5/6

D.BHARATHA CHAKRAVARTHY , J.

dna 24.03.2025 6/6