Madras High CourtWP(MD)/15106/2013closed

S.Baskar Mathuram, Stae Youth v. The Chief Secretary,

2023-10-04Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel16 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL and M.P(MD)Nos.1 to 6 of 2013 S.Baskar Mathuram .. Petitioner vs 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 09.

2.The Secretary, Home Department, Government of Tamil Nadu, Secretariat, Chennai - 09.

3.The Secretary, Adi Dravidar Welfare Department, Government of Tamil Nadu, Secretariat, Chennai - 09.

4.The National Commission for Scheduled Caste and Scheduled Tribe, Chairman, 5th Floor, Lok Nayak Bhawan, Kharl Market, New Delhi - 110 003.

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5.The State Commission for Scheduled Caste and Scheduled Tribe, Represented by its the Director, 2nd Floor, Block 5, Sasthri Bhavan, Chennai - 600 006.

6.The District Collector, Sivagangai District, Sivagangai.

7.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

8.The Tahsildar, Sivagangai District, Sivagangai.

9.The Inspector General of Police, Southern Zone, Madurai.

10.The Superintendent of Police, Sivagangai District, Sivagangai.

11.Velladurai 12.Amsavalli Thangaraj 13.Palaniappan 14.Boominathan 15.Chandran 16.Thangaraj .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus for seeking the following relief based on the petitioners representation dated 26.08.2013 and the 2/16

representations dated 05.09.2013 made by the victimized scheduled caste people of Pappankulam Village, Edaikattur Post, Sivagangai District (i) For directing the respondents Nos.1, 2 and 9 to take departmental action against the respondents Nos.11, 13, 14 and 15 under SC/SCT Act Section 3(1) (v) (x) (xv) Section 3(2) (iv) (v) (vii), Section 4 and 6 (ii) For directing the respondent Nos.1, 2, 6, 9 and 10 to take departmental action against the respondent Nos.12 and 16. (iii) For directing the respondent Nos.1, 2, 3 and 6 to 8 to grant relief of full compensation for damages, loss and harm sustained by the Scheduled Caste people of Pappankulam Village, Edaikattur Post, Sivagangai District (iv) For directing the respondent Nos.

1, 2 and 6 to take immediate steps to reconstruct the damaged and demolished houses at the Government cost (v) For directing the respondent No.6 to take appropriate action against the 12th respondent under Tamil Nadu Panchayat Acts, 1994 Section 205(A) (vi) For directing the respondent Nos.1 to 6 to take appropriate action in accordance to SC/ST Act Sections 12, 13, 14 and 15 within the time limit that may be stipulated by this Court.

Mr.M.Pandiyarajan for Mr.M.Rajendran For RR 1 to 3 & 6 to 8 :

Mr.M.Senthil Ayyanar Government Advocate For RR 4 & 5 :

No appearance For RR 9 & 10 :

Mr.S.Ravi Additional Public Prosecutor For R - 11 :

No appearance (For RR 12 to 16 Dismissed for default on 27.01.2023) 3/16

ORDER

[Order of the Court was made by M.SUNDAR, J.] Mr.M.Pandiyarajan, learned counsel representing counsel on record for 'writ petitioner' (hereinafter 'PIL petitioner' for convenience), Mr.M.Senthil Ayyanar, learned Government Advocate for respondents 1 to 3 & 6 to 8 and Mr.S.Ravi, learned State Additional Public Prosecutor for respondents 9 & 10 are before us.

2.There is no representation for respondents 4 and 5, though counsel have entered appearance and their names are duly shown in the cause list. As regards private respondents 12 to 16 case file shows that captioned matter has been dismissed for default as against private respondents 12 to 16 on 27.01.2023. There is no representation for 11th respondent (private respondent), though a counsel for 11th respondent has entered appearance through counsel and name of the counsel is duly shown in the cause list.

3.Be that as it may, as regards the counsel before us, there is no disputation or contestation that the captioned matter is directly covered by an order made in another PIL being order dated 14.10.2015 made in WP(MD)No.14367 of 2013 and M.P(MD)Nos.1 and 2 of 2013 thereat and a scanned reproduction of this 14.10.2015 order is as follows: 4/16

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4.The concluding paragraph i.e., paragraph No.5 of the aforementioned Manickam's case order shows that the grievance of PIL petitioner has been addressed and redressed. Learned counsel representing counsel on record for petitioner also submits that the position is same qua the captioned PIL petitioner also.

5.In the light of narrative thus far, captioned Writ Petition is disposed of as closed recording the stated position of the parties. Consequently captioned M.P(MD)Nos.1 to 6 of 2013 are also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 04.10.2023 Index : Yes/No ps 13/16

To 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 09.