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Madras High CourtWP(MD)/3000/2023dismissed

Sowntharapandiyan v. The Revenue Divisional Officer

2023-02-15Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)No.2821 of 2023 S.Sowntharapandiyan ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Ramanathapuram.

2.The Tahsildar, O/o.The Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District.

3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Rameshwaram, Ramanathapuram District.

4.The Inspector of Police, Uchippulli Police Station, Ramanathapuram District.

5.Balakrishnan 6.Poovendran 1/5

7.Velu 8.Valai 9.Ramasamy 10.Maheshwaran ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents herein to conduct the enquiry by taking action against the respondents 5 to 10 for ex-communicating the petitioner and his family members from our village and prevent them from worshiping the God Sri Vinayaga Temple situated in their village, by considering the petitioner's representation, dated 02.11.2022 in accordance with law. For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.J.K.Jeyaseelan, Government Advocate (Civil Side) for R1 and R2.

: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R3 and R4

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the first and second respondents herein to conduct the enquiry by taking action against the respondents 5 to 10 for ex-communicating 2/5

the petitioner and his family members from our village and prevent them from worshiping the God Sri Vinayaga Temple situated in their village, by considering the petitioner's representation, dated 02.11.2022 in accordance with law.

2. When the matter is taken up for hearing today, the learned Government Advocate (Civil Side) appearing for the first and second respondents would submit that the petitioner being the Village headman had misappropriated Rs.2.9 lakhs of the public fund and that when the village people demanded the petitioner to repay the amount, he has refused to return the same and that subsequently, to escape from the liability, he has given the above complaint.

3. He would further submit that the Tahsildar, Ramanathapuram Taluk, had conducted enquiry and came to the decision that there was no such ex-communication and submitted a letter to the Revenue Divisional Officer, Ramanathapuram. He has also produced the copy of the letter written by the Thasildar to the Revenue Divisional Officer. 3/5

4. Recording the said submissions made by the learned Government Advocate (Civil Side), the Writ Petition is dismissed. No costs. Consequenlty, connected Miscellaneous petition is closed. 15.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Ramanathapuram.

2.The Tahsildar, O/o.The Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District.

3.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Rameshwaram, Ramanathapuram District.

4.The Inspector of Police, Uchippulli Police Station, Ramanathapuram District.

4/5

K.MURALI SHANKAR,J.

das 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in and W.M.P.(MD)No.2821 of 2023 Dated: 15.02.2023 5/5