V.Mohan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2018
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.31113 of 2013 and M.P.No.1 of 2014 V.Mohan
...Petitioner
Versus
1.The District Collector, Office of the District Collector, Thiruvarur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thiruvarur District.
3.The Thasildar, Office of the Thasildar, Thiruvarur District.
4.The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur.
5.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.
.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 02.09.2013 and to direct the respondents to take action against the village katta panchayat people to lift the excommunication imposed on us and to enable us to live a peaceful living in the petitioner village according to the law. For Petitioner : Mr.X.Selvam Sounder For Respondents : Mr.B.Anand Government Advocate
O R D E R
The prayer sought for in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 02.09.2013 and to direct the respondents to take action against the village people who were involved in Katta Panchayat.
2. Heard Mr.X.Selvam Sounder, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate appearing for the respondents and perused the record.
3. The fifth respondent, who was present before this Court in the earlier hearing on 16.3.2018 submitted that, based on the complaint of the petitioner, a criminal case was registered against 18 accused in Crime No.382 of 2008 and they were also convicted and thereafter no untoward incident took place.
4. The learned counsel for the petitioner submitted that even after registration of the case all the Katta Panchayath people prevented the petitioner to bury the dead body of the petitioner's mother-in-law. Despite receipt of the petitioner's representation dated 02.09.2013, the respondents have not taken any action.
5. The learned Government Advocate appearing for the respondents submitted that the fifth respondent is ready to take appropriate action on the representation of the petitioner.
6. In the light of the above facts and the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the fifth respondent to enquire into the representation of the petitioner dated 02.09.2013 and take appropriate action on merits and in accordance with law, after affording an opportunity of personal hearing to all necessary parties.
7.With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms
To 1.The District Collector, Office of the District Collector, Thiruvarur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thiruvarur District.
3.The Thasildar, Office of the Thasildar, Thiruvarur District.
4.The Superintendent of Police, Office of the Superintendent of Police, Thiruvarur.
5.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.
+1cc to the Government Pleader, S.R.No. 24334 & 25215 W.P.No.31113 of 2013 and M.P.No.1 of 2014 TR(10/04/2018)