V.Dilli Babu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2018
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.31356 of 2018 V.Dilli Babu
...Petitioner
-Vs1.The District Collector, Kancheepuram District, Kancheepuram.
2.The District Superintendent of Police, Kancheepuram District, Kancheepuram.
3.The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.
4.R.Masillamani 5.P.Dhamodharan 6.J.Palani 7.V.Ragu 8.S.Ramesh 9.R.Rajini 10.G.Gopi 11.A.Sugumar 12.C.T.Kesuram 13.P.Jegan Mohan 14.P.Jegan 15.G.Rooban 16.Rakesh 17.C.T.Chandiran 18.R.Venkatesan 19.S.Ranjan 20.H.Narayanan 21.Rajaram 22.P.Anbu ... Respondents (Respondents 4 to 22 are residing at Soolerikattukuppam Village, Nenmeali, Porrur Post, Thiruporrur (TK), Kancheepuram District) Prayer: Writ petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 3 to take necessary action the respondent Nos.4 to 22 for conducting Katta Panchayat and excommunicate the petitioner and his family members from the village pursuant to the petitioner representation dated 27.08.2018.
For Petitioner : Mr.V.Karnan For R2 & R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Writ petition has been filed seeking for a direction to the respondents 1 to 3 to take action against the respondents 4 to 22 for conducting Kangaroo Courts and excommunicating the petitioner and his family members from the village.
2. The learned counsel for the petitioner would submit that the petitioner belongs to Soolerikattukuppam Village at Kancheepuram District. The third respondent police took custody of the petitioner in an F.I.R. that was registered for an offence under Sections 365, 302 and 201 of I.P.C. The petitioner was thereafter released on bail. The learned counsel would submit that when the petitioner went to his village on 06.02.2017, based on the Katta Panchayat conducted by the respondents 4 to 22, the other villagers were informed not to have any contact with this petitioner and his family members and as a result of the same, the petitioner and his family members have been virtually excommunicated from the village. Therefore, a representation was made before the first respondent on 27.08.2018. However, since no action was taken, the present Writ petition has been filed before this Court.
3. The learned Additional Public Prosecutor would submit that the petitioner can be asked to give a fresh representation to the third respondent and the third respondent will take action in accordance with law.
4. This Writ petition is disposed of with the direction to the petitioner to give a fresh representation/complaint before the third respondent and the third respondent immediately on receipt of the complaint, shall call the concerned parties for an enquiry. The third respondent shall ensure that no such excommunication takes place against the petitioner and his family members and no one has the right to pass such orders and immediate action should be taken, if any person is indulged in such Katta Panchayat.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar vsa/rri
To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The District Superintendent of Police, Kancheepuram District, Kancheepuram.
3.The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.
4.The Public Prosecutor, High Court, Madras.
+1 CC to Mr.V.Karnan, Advocate sr 82356.
W.P.No.31356 of 2018 BS(CO) SP(21/12/2018)