K.Sakthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15964 of 2025 K.Sakthi, S/o.Late Kannapa Chtty, Valam Pedu Kuppam, Medhipalayam Panchayat, Elavoor Post, ... Petitioner /versus/

1. The District Collector Tiruvallur District.

2. The Revenue Divisional Officer, Ponneri, Tiruvallur District -601 204.

3. The Superintendent of Police, Tiruvallur District -602001.

4. The Tahsildar, Tiruvallur District -602001.

5. The Deputy Superintendent Of Police, Tiruvallur District -602001.

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6. The Inspector Of Police, F-3, Arappakkam Police Station, Kumidipoondi -601 201.

7. The Village Administrative Officer, Medhipalayam Panchayat, Elavoor Mathura, ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 17.04.2025 and dispose the same within the stipulated time period.

For Petitioner : Mr.A.S.Balaji, Assisted by Ms.R.Naveen.

For Respondents : Dr.S.Suriya, Additional Government Pleader, for R1, R2, R4 & R7.

: Dr.C.E.Pratap, Government Advocate (Crl.Side), for R5 & R6

O R D E R

The writ petition is filed for a mandamus directing the respondents to consider the representation dated 17.04 2025 and dispose of the same within the stipulated time fixed by this court.

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2. The grievance of the petitioner is that a Kangaroo Court is being conducted in the Village by one Mr.Ellappan and others and the villagers have been excommunicated. Originally they were forced to reside in the Community Hall, Nochikuppam and now the situation has improved, they have returned back to their home. Further grievance with reference to the visiting and taking part in the festival of the Temples remain.

3. When the matter came up for admission, the learned Additional Government Pleader representing the respondents would submit that in view of the complaint being received, the same was enquired into a peace committee was also conducted, the petitioner group being the 'A' party and one Mr.Ellappan group being the 'B' party were called for a peace committee and both of them amicably agreed on certain terms and the same was recorded, as per which this year the Mr.Ellappan group will only conduct the festival and the petitioner's group will only collect the contribution in respect of the Temple. In respect of other temples, the parties have agreed that they will jointly conduct the festivals. Therefore, with reference to the current festival, if this Court has to decide on merits, then the other group namely, Mr.Ellappan group has to be heard and only thereafter, the truth or otherwise of the 3/6

allegations can be decided and since the festival is said to be conducted on 30.04.2025, 01.05.2025 and 02.05.2025 etc., at the last minute, the Court cannot intervene in the same. However, it can be seen that the respondents 1 and 2 shall consider the issue thereafter. If it relates to the entry and worship of the temple, no person can be prevented by any group belonging to the Village and therefore, ensuring the visiting of all Temples by all persons shall be ensured. In future, if any complaint regarding this kind of Kangaroo Court comes to the notice of the respondents, the respondents only have to give police protection to the persons who are excommunicated and all the time, peace committee need not be resorted to and this is happening repeatedly.

4. This Court already held that in K.Gopal Vs. The State of Tamil Nadu and Others reported in MANU/TN/0672/2005, wherein the Kangaroo Courts are unconstitutional and nobody can be excommunicated or these kind of activities cannot be made by extra constitutional Authorities in villages. Therefore, the authority shall act bearing the same in mind with the firm action against illegality.

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5. The writ petition is disposed of accordingly. There shall be no order as to costs.

29.04.2025 :No.

bsm To,

1. The District Collector, Tiruvallur District.

2. The Revenue Divisional Officer, Ponneri, Tiruvallur District -601 204.

3. The Superintendent of Police, Tiruvallur District -602001.

4. The Tahsildar, Tiruvallur District -602001.

5. The Deputy Superintendent Of Police, Tiruvallur District -602001.

6. The Inspector Of Police, F-3, Arappakkam Police Station, Kumidipoondi -601 201.

7. The Village Administrative Officer, Medhipalayam Panchayat, Elavoor Mathura,

8. The Government Pleader, High Court, Madras. 5/6

D.BHARATHA CHAKRAVARTHY, J.

bsm Writ Petition No.15964 of 2025 29.04.2025 6/6