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Madras High CourtWP(MD)/10064/2025dismissed

Alagarsamy C v. The District Collector

2025-04-09Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10064 of 2025 C.Alagarsamy ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Tahsildar, Melur Taluk, Madurai.

4.The Inspector of Police Kottampatti Police Station, Kottampatti, Madurai.

5.Soundarapandian ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to take Page No. 1 of 6

necessary action against the excommunication of the petitioner and his family from the village and to ensure the protection of the life and liberty of the petitioner and his family members, based on the petitioner's representation dated 07.03.2025.

For petitioner :Mr.P.Saravanakumar For R1 & R3 : Mr.Senthil Ayyanar, Government Advocate For R2 & R4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl side) *****

O R D E R

This petition is filed by the petitioner to direct the respondents 1 to 4 to take necessary action against the excommunication of the petitioner and his family from the village and to ensure the protection of the life and liberty of the petitioner and his family members, based on the petitioner's representation dated 07.03.2025.

2. The learned counsel for the petitioner would submit that the fifth respondent excommunicated the petitioner from the village and also caused threat to the petitioner. Thereby, he sent a representation on 07.03.2025 to the respondents 1 to 4, but the same has not been Page No. 2 of 6

considered. Hence, he filed this petition.

3. The learned Government Advocate for the respondents 1 and 3 would submit that already they conducted Peace Committee Meeting based on the petitioner's earlier representation on 12.01.2025 and there is no excommunication and the villagers decided to conduct festival together and as far as the dispute in respect of headman (Nattamai) between the petitioner and the fifth respondent is concerned, it can be decided by the Civil Court. In the meantime, both the parties decided to conduct the festival without any law and order issue. While so, again, he sent a representation dated 07.03.2025. Recently, they received the same and they will conduct enquiry and take appropriate action in accordance with law.

4. The learned Additional Public Prosecutor (Crl side) for the respondents 2 and 4 also reiterated the same. However, if any criminal offence is made out, then they will take appropriate action in accordance with law, based on the petitioner's representation dated 07.03.2025.

5. Considering the prayer sought for in this petition, this Court, Page No. 3 of 6

without issuing notice to the fifth respondent, is inclined to pass orders in this petition.

6. According to the petitioner, the fifth respondent excommunicated the petitioner. Thereby, he sent a representation to the respondents 1 to 4 on 07.03.2025, but no action was taken. The respondents 1 to 4 also admitted the receipt of the representation of the petitioner and the same is under consideration. Therefore, the third respondent is directed to conduct enquiry in respect of excommunication and to pass appropriate orders, after affording opportunity to both the parties, in accordance with law, within a period of one month from the date of this order.

7. As far as other allegations in respect of criminal activities are concerned, the fourth respondent is directed to conduct enquiry and take appropriate action by considering the representation of the petitioner, dated 07.03.2025 within a period of 15 days from the date of this order.

8. With the abovesaid observations and directions, this Writ Petition is disposed of.

09.04.2025 NCC : Yes/No Index : Yes / No Page No. 4 of 6

Internet : Yes / No apd To 1.The District Collector, Madurai District, Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Tahsildar, Melur Taluk, Madurai.

4.The Inspector of Police Kottampatti Police Station, Kottampatti, Madurai.

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

Page No. 5 of 6

P.DHANABAL,J apd W.P.(MD) No.10064 of 2025 09.04.2025 Page No. 6 of 6