S.Chitra v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Chitra ... Petitioner Vs.
1. The District Collector, Sivagangai District.
2.The Revenue Divisional Officer, Devakkottai.
3.The Sub Inspector of Police, Poolankuruchi Police Station, Sivagangai District.
4.V.Solaiazagan 5.Palaniyappan 6.Solaizahgan 7.Azhagappan 8.Velladurai 9.Azhagappan
...Respondents
PRAYER : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of mandamus directing the respondents 1 to 3 herein to forthwith initiate action against the respondents 4 to 8 for excommunicating the petitioner from the Community and the village people on the representation dated 02.07.2019 by the petitioner.
For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for Mrs.AL.Gandhimathi For R1 to R3 : Mr.R.M.Anbunidhi Additional Public Prosecutor For R4 to R9 : Mr.T.Balakumaran
O R D E R
This petition has been filed seeking a direction to the respondents 1 to 3 herein to forthwith initiate action against the respondents 4 to 9 for excommunicating the petitioner from the Community and the village people on the representation dated 02.07.2019 by the petitioner.
2. The brief facts are that the petitioner and her husband were restrained to participate in any function particularly Kuladeivam Temple festival due to inter-caste marriage, they refused to receive 1/3
any ''Pullivari' from the petitioner and they excommunicated them from the village. Based on the representation made by the petitioner, the second respondent directed the private respondents to execute a bond for a sum of Rs.25,000/- under Section 107 Cr.P.C. After executing the bond, the private respondents harassed the petitioner and her family members. Hence, this petition.
3. The learned Senior Counsel appearing for the petitioner would submit that in case of any private function performed by the private respondents, the petitioner need not be invited by them and the petitioner is also not ready to attend private function performed by them. In respect of common functions, the private respondents have to collect ''Pullivari'' from the petitioner.
4. The learned counsel appearing for the respondents 4 to 9 submits that whenever common function or festival is performed by the private respondents, they are ready to collect ''Pullivari'' from the petitioner. He would further submit that in respect of private function or poojas or other festivals, they may not invite the petitioner and collect any tax also.
5. This position is accepted by both parties.
6. The learned Senior Counsel would also submit that if any violation is noticed in future as against the undertaking given by the private respondents, liberty may be given to the petitioner to approach the authority, for appropriate remedy.
7. Considering the said request, liberty is granted to the petitioner to approach the authority for redressal, if any violation is noticed in future and such a liberty is always available to the petitioner.
8. Recording the submission made by the learned counsel for the private respondents and granting such liberty, this petition is disposed of as no further direction is required. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To
1. The District Collector, Sivagangai District.
2.The Revenue Divisional Officer, Devakkottai.
3.The Sub Inspector of Police, Poolankuruchi Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.BALAKUMARAN, Advocate ( SR-27138[F] dated 24/08/2021 ) 24.08.2021 RD(2.09.2021) 3P 6C 3/3