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Madras High CourtWP(MD)/3997/2022disposed of

Periyasamy.N v. The District Collector

2022-07-04Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.3997 of 2022 N.Periyasamy : Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The Revene Divisional Officer, Karur, Karur District.

3. The Tahsildar, Karur Taluk, Karur District.

4. The Deputy Superintendent Of Police, Karur, Karur District.

5. The Inspector of Police, Vellianai Police Station, Karur District.

6. P.Palanisamy : Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to take legal action against the sixth respondent for excommunicating the petitioner and his family from the Village and consequently protect the petitioner and his family's fundamental rights, based on the petitioner's complaint, dated 05.10.2021.

For Petitioner : M/s. Suresh.M, For R1 to R5 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 to 5 to take legal action against the sixth respondent for ex-communicating the petitioner and his family from the Village and consequently protect the petitioner and his family's fundamental rights, based on the petitioner's complaint, dated 05.10.2021. 2/5

2.The learned Counsel appearing for the petitioner submitted that there is a civil dispute between the petitioner and one Muthusamy, who is a close friend to the sixth respondent. Therefore, the sixth respondent excommunicated the petitioner and his family from the village. Hence, this petition has been file.

3.The learned Government Advocate (Crl.Side) submitted that the grievance of the petitioner is that he was ex-communicated as per the direction of the sixth respondent. In this connection, an enquiry has been conducted and the concerned Deputy Superintendent of Police also requested the Tahsildar, Karur, to conduct an enquiry and send a report, in pursuance of the direction of this Court. Now, the Tahsildar has to conduct enquiry and the matter is pending for the Tahsildar's report. 4.Recording the same, the third respondent is directed to conduct an enquire and send a report to the fourth respondent and the fourth respondent should initiate action within a period of three weeks, from the date of receipt of a copy of a report, which has to be sent by the third respondent. 3/5

5.With the above direction, this writ petition stands disposed of. No costs.

04.07.2022 Index : Yes / No Internet : Yes/ No lr To

1. The District Collector, Karur District, Karur.

2. The Revene Divisional Officer, Karur, Karur District.

3. The Tahsildar, Karur Taluk, Karur District.

4. The Deputy Superintendent Of Police, Karur, Karur District.

5. The Inspector of Police, Vellianai Police Station, Karur District.

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

4/5

V.SIVAGNANAM, J.

lr W.P(MD).No.3997 of 2022 04.07.2022 5/5