Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and WMP(MD) No.427 of 2025 Murugesan ... Petitioner Vs

1. The District Collector, Thanjavur, Thanjavur District.

2. The Superintendent of Police, Thanjavur, Thanjavur District.

3. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4. The Tahsildhar,

5. The Deputy Superintendent Of Police,

6. The Inspector of Police, Kabisthalam, Thanjavur District.

7. Mohammed Kasim

8. Chinnadurai

9. Tamilmani 1/6

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2,4,6 to take necessary actions against respondents 7 to 9 and others for excommunicating the petitioners and his family from the village of Therku Theru, Maruthuvakkudi Village, Papanasam Taluk, Thanjavur District.

For Petitioner : Mr.R.Rajeshkumar For Respondents :Mr.A.Thiruvadikumar (R1-R6) Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Mandamus, directing the respondents 2,4,6 to take necessary actions against respondents 7 to 9 and others for excommunicating the petitioner's and his family from the village of Therku Theru, Maruthuvakkudi Village, Papanasam Taluk, Thanjavur District.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

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3.The contention of the petitioner is that the private respondents have passed a resolution to excommunicate the petitioner from the village and tried to grab the property of the petitioner. Therefore, the petitioner has lodged a complaint against them. However, the same was not considered. Hence, this petition has been filed. 4.The learned Additional Public Prosecutor submitted that based on the complaint of the petitioner, enquiry has been conducted in CSR No.834 of 2024 and the parties were called for enquiry. At that time the private respondents given an undertaking that there is no excommunication as stated by the petitioner and the petitioner is very well participate in the village and temple activities, more particularly, festival in the month of Karthigai month and they are ready to receive taxes from him.

It is further stated by the private respondents that since there was a land dispute between the petitioner and the 7th respondent, the petitioner as a camouflage lodged the complaint against the private respondents.

excommunication from the village and the issue between the parties are resolved.

5.Recording the aforesaid submission made by the learned Additional Public Prosecutor, this writ petition stands disposed of. It is made clear that the petitioner is permitted to participate in all the village / temple activities, including festival in the month of Karthigai. Consequently, connected miscellaneous petition is closed. 09.01.2025 NCC : Yes/No Index: Yes/No PNM To

1. The District Collector, Thanjavur, Thanjavur District.

2. The Superintendent of Police, Thanjavur, Thanjavur District.

3. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4. The Tahsildhar,

5. The Deputy Superintendent Of Police, 4/6

6. The Inspector of Police, Kabisthalam, Thanjavur District.

7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

PNM ORDER IN and WMP(MD) No.427 of 2025 09.01.2025 6/6