Sheik Dawood v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.9661 of 2018 and W.M.P.(MD)No.8907 of 2018 Sheik Dawood ... Petitioner Vs.

1.The District Collector, O/o.The Collector Office, Sivagangai District.

2.The Superintendent of Police, District Superintendent of Police Office, Sivagangai District.

3.The Deputy Superintendent of Police, D.S.P.Office, Sub Division, Thirupathur, Sivagangai District.

4.The Inspector of Police, Pulithipatti Police Station, Sivagangai District.

5.The Thasildhar, Taluk Office, Singampunari Taluk, Sivagangai District.

6.Sheik Abdullah 7.Muthu Mohammed ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, direct the respondents 1 to 5 to consider the petitioner's representation, 07.04.2018 and consequently direct the respondent No.1 to 5 to forbear the respondents No.6 and 7 from ex-communicating the petitioner and his family members.

For Petitioner : Mr.R.Karunanidhi For R-1 to R-5 : Mr.P.Kannidevan Additional Government Pleader For R-6 and R-7 : Mr.P.Saravanan

O R D E R

This Writ petition has been filed to direct the respondents 1 to 5 to consider the petitioner's representation, 07.04.2018 and consequently direct the respondent No.1 to 5 to forbear the respondents No.6 and 7 from ex-communicating the petitioner and his family members.

2. A counter affidavit dated 05.07.2018 was filed by the respondents 6 and 7.

3. The learned counsel for the respondents 6 and 7 by relying upon paragraph No.5 of the counter affidavit submitted that the respondents 6 and 7 have not ex-communicated the petitioner and they are ready to receive tax to be paid by him. They have denied the allegations of the petitioner that they are ex-communicating the petitioner.

4. The fourth respondent/the Inspector of Police has filed a status report 22.06.2018. It is stated that the Tahsildar has conducted a Peace Committee Meeting on 08.03.2018 and 12.03.2018 and the petitioner only did not attend the meeting and it was reported by the Secretary and the President of the Jamath that the Jamath is for the prayer of all and no one is forbidden to enter into the Jamath and the name of the petitioner is still in the Tax Register. The petitioner has refused to pay the tax.

5. Heard submissions made by the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the respondents 6 and 7.

6. In view of the counter affidavit filed by the sixth and seventh respondents and the status report filed by the fourth respondent, this Court is of the view that no further adjudication is necessary in the present writ petition. If the petitioner has any grievance, he can seek his remedy before the appropriate forum in future.

7. In fine, this writ petition is disposed of. No costs. Consequently, connected W.M.P.(MD) No.8907 of 2018 is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, O/o.The Collector Office, Sivagangai District.

2.The Superintendent of Police, District Superintendent of Police Office, Sivagangai District.

3.The Deputy Superintendent of Police, D.S.P.Office, Sub Division, Thirupathur, Sivagangai District.

4.The Inspector of Police, Pulithipatti Police Station, Sivagangai District.

5.The Thasildhar, Taluk Office, Singampunari Taluk, Sivagangai District.

+1CC to Mr.P.Saravanan Advocate in SR.No.71616. +1CC to Mr.R.Karunanidhi Advocate in SR.No.71566. +1CC to Special Government Pleader in SR.No.71951. CM DS/PN/SAR-2 :13.07.2018: 3P/9C W.P.(MD)No.9661 of 2018 and W.M.P.(MD)No.8907 of 2018 06.07.2018