D.P.Arputharaj, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 7.9.2015

CORAM:

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.25364 of 2012 D.P.Arputharaj ..

Petitioner vs.

1. The Government of Tamilnadu, rep. by its Secretary, Home Department, Secretariat, Fort St. George, Chennai-9.

2. The District Collector, Cuddalore District, Cuddalore-1.

3. The Superintendent of Police, Cuddalore District.

4. The Inspector of Police, Kattumannarkoil Police Station, Kattumannarkoil, Cuddlore Dist.

5. M.G.R.Dasan @ Mariyadoss .. Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, praying to direct respondents 1 to 4 to initiate appropriate action against the 5th respondent, based on the petitioner's representation, dated 2.4.2012, against his act of maintaining the katta panchayat order of social boycott of the petitioner and his family and to restore the relationship with the village community.

For petitioner :

Mr.G.Pugazhenthi For respondents :

Mr.R.Ravichandran, AGP for R1 to R4 Mr.S.Ashok Kumar for R5

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct respondents 1 to 4

to initiate appropriate action against the 5th respondent, based on the petitioner's representation, dated 2.4.2012.

3. According to the petitioner, the 5th respondent, by conducting 'Katta Panchayat', is preventing the persons from communicating with the petitioner and his family members, besides preventing them from attending social functions, amounting to social boycott.

4. Per contra, the learned counsel appearing on behalf of the respondents had submitted that the allegations made by the petitioner, in the Writ Petition, are not correct. There is no social boycott of the petitioner and his family members, as alleged by him. Further, the petitioner has made a private complaint before the learned Judicial Magistrate, Kattumannarkoil, Cuddalore District, with the regard to the same issue, and the said matter is pending disposal, till date. In such circumstances, the Writ Petition filed by the petitioner, is not maintainable.

5. In view of the submissions made by the learned counsel appearing on behalf of the parties concerned and on a perusal of the records available, it is noted that the petitioner had preferred a private complaint before the learned Judicial Magistrate, Kattumannarkoil, Cuddalore District, with the regard to the subject matter, and the same is pending before the said Court. It is also submitted by the learned counsel appearing on behalf of respondents 1 to 4 that there is no social boycott of the petitioner and his family members, as alleged by the petitioner, in the present Writ Petition. It has also been stated that there is no problem between the petitioner and the 5th respondent, as present.

In these circumstances, this Court is of the considered view that no further orders are necessary in the Writ Petition. Accordingly, the Writ Petition stands closed. No costs.

gs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Secretary to Government of Tamilnadu, Home Department, Secretariat, Fort St. George, Chennai-9.

2. The District Collector, Cuddalore District, Cuddalore-1.

3. The Superintendent of Police, Cuddalore District.

4. The Inspector of Police, Kattumannarkoil Poice Station, Kattumannarkoil, Cuddlore Dist.

+ 1 cc to Mr.G.Pugazhenthi, Advocate SR 48368 + 1 cc to Mr.S.Ashok Kumar, Advocate SR 48711 + 1 cc to Govt.Pleader SR 48632 kgk(co) prk28/9 WP 25364 of 2012