K.Samuelraj v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Samuelraj ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Home Department, Fort St. George Chennai 600 009.

2. Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St. George, Chennai 600 009.

3. The District Collector Coimbatore District, Coimbatore.

4. The Tahsildar Mettupalayam Taluk Coimbatore District.

5. The Municipal Commissioner Mettupalayam Municipality Coimbatore District.

6. The Inspector of Police Mettupalayam Police Station Coimbatore District.

7. Kutti alias Sivasubramanian ..

Respondents [R4 to R7 impleaded vide order dated 24.01.2020 in W.M.P.No.34519/2019] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to (i) conduct a detailed investigation against the authorities/officials who were negligent in removing the untouchability wall in spite of bringing to the notice that the basalt stone is weak and there is an imminent danger to the neighbours and take action against those who are negligent within a time frame fixed by this Hon'ble Court and to file a report before this Hon'ble Court, (ii) alter the FIR registered in Crime No.574 of 2019 and include the necessary provisions under the SC/ST Act, (iii) pay adequate compensation to the victims, (iv) convene the State level and District level vigilance and monitoring committee and conduct periodical meeting as provided under the Rules, and (v) to locate and remove all such discrimination walls/untouchability walls found in the State.

For the Petitioner : No appearance For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 to 4 & 6

ORDER

(Made by the Hon'ble Chief Justice) On 15.12.2023, we had passed the following order: "None appears for the petitioner.

2. A counter-affidavit is filed by the District Collector that the wall in question was merely a compound wall, built to provide safety enclosure in a private land. It is not built across any public place curbing free conveyance, to define it as a discrimination wall. Because of torrential rains, the wall had collapsed. There is no allegation either from the victims' family or from the local public that the house owner showed any discrimination against them. The Government acted immediately, taking all necessary measures and sanctioned Rs.4 lakh to each victim from the State Disaster Relief Fund. Even the Hon'ble Chief Minister of Tamil Nadu visited the spot on 03.12.2019 and sanctioned Rs.6 Lakh to each victim.

3. As none appears for the petitioner, place the matter on 20.12.2023.

4. If on the said date none appears for the petitioner, the matter would be dismissed."

2. Today also, none appears for the petitioner. The writ petition, as such, is dismissed. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 20.12.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government Home Department, Fort St. George Chennai 600 009.

2. Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St. George, Chennai 600 009.

3. The District Collector Coimbatore District, Coimbatore.

4. The Tahsildar Mettupalayam Taluk, Coimbatore District.

5. The Municipal Commissioner Mettupalayam Municipality, Coimbatore District.

6. The Inspector of Police Mettupalayam Police Station, Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.12.2023