Madras High CourtWP/30513/2015dismissed

B.Ragothaman v. The District Collector

2015-09-29Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P. No.30513 of 2015 and M.P.No.1 of 2015 B.Ragothaman .. Petitioner -vs1.The District Collector, District Collector Office, Cuddalore.

2.The Superintendent of Police, Cuddalore District, Cuddalore.

3.The Revenue Divisional Officer, Virudhachalam, Cuddalore District.

4.The Tahsildar, Taluk Office, Veppur, Cuddalore District.

5.The Revenue Inspector, Veppur Taluk, Cuddalore District.

6.The Inspector of Police, Veppur Police Station, Cuddalore District.

7.Thangarasu 8.Chandhrasekar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to prohibit the practice of untouchability in the form of opening a separate barber shop exclusively for non-Scheduled Caste Community in Adhiyur Village, Cuddalore District, pursuant to petitioner's representations dated 13.07.2015 and 14.09.2015.

For Petitioner :

Mr.Thirumoorthy For Respondents :

Mr.S.T.S.Murthy, Govt. Pleader, assisted by Mr.V.R.Kamalanathan, Addl.G.P., and Mr.V.Shanmugha Sundar, Govt. Advocate, for RR 1 to 6 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks to raise an issue of opening of barber shop in a public interest litigation - certainly he cannot do so. There is a two-fold allegations, which are completely different in nature. One allegation is that the construction is going on Government land. If it is so, then necessary complaint has to be made in terms of G.O. (Ms.) No.540, Revenue (LD6(2)) Department, dated 04.12.2014. The second limb of the complaint is that there is possibility of exclusion of the scheduled caste community in the barber shop. If such a situation arises, naturally the cause would arise to any person against whom discrimination is practiced and necessary proceedings can be taken. 2.We are thus, not inclined to entertain this Public Interest Litigation.

3.Writ petition, thus, stands dismissed. No costs. Consequently, M.P.No.1 of 2015 also stands dismissed.

-sd/- ASSISTANT REGISTRAR / TRUE COPY / SUB-ASSISTANT REGISTRAR sra To 1.The District Collector, District Collector Office, Cuddalore.