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Madras High CourtWP(MD)/14450/2019dismissed

C.Kamatchiammal v. The Chief Secretary

2025-07-07Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.10896, 10893, 10891, 10897, 10894, 10895 and 10892 of 2019 C.Kamatchiammal ... Petitioner -vs1. The Chief Secretary, Government of Tamil Nadu, Fort St. George,

2. The Secretary, Home Department, Government of Tamil Nadu, Fort St. George,

3. The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Fort St.George, 1/7

4. The Chairman National Commission for Schedule Caste and Schedule Tribes, Tamilnadu Unit, Sastri Bavan, Nungambakkam, Chennai.

5. The Director General of Police,

6. The Inspector General of Police, Office of the Inspector General of Police Southern Zone, Madurai.

7. The Deputy Inspector General of Police, South Zone, Dindigul.

8. The Superintendent of Police,

9. Thiru.V.Baskaran, The Superintendent of Police, 10.The Deputy Superintendent of Police, 11.The Inspector of Police, Thenkarai Police Station,

12. Kasiviswanathan, SP CID, 2/7

Thenkarai Police Station.

13. The District Collector,

14. The Revenue Divisional Officer Periyakulam,

15. The Tahsildar, Periyakulam Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to directing the respondents 1 to 11 herein to initiate action to restore normalcy in Saruthupatti Village, Periyakulam Taluk, Theni District withdrawing the Security Force, Striking Force and local police posted at Saruthupatti Village and consequently direct the 13th respondent to conduct separate/enquiry both under Special Enactment under Rule 7.2(a), 7.2(b), 7.2(c), 7.2(d), 7.4, 7.5 (RULES OF PROCEDURE OF THE NATIONAL COMMISSION FOR SCHEDULED CASTES) as well as general law into the atrocities caused against the Scheduled Caste community people in Saruthupatti Village, Periyakulam Taluk, Theni District unleashed on and from 14.06.2019 night and initiate remedial action including compensation and other remedies as provided under SCHEDULED 3/7

CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 for injuries caused to victims of Scheduled Caste community people For Petitioner : Mr.T.Lajapathi Roy, (*) Senior Counsel for M/s.C.Christopher For R1 to R3 For R13 to R15 : Mr.P.Thilak Kumar Government Pleader For R5 to R8 For R10 & R11 : Mr.T.Senthil Kumar Additional Public Prosecutor For R12 : No Appearance (*)For R4 : Mr.C.Amiltham, Senior Panel Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 5 to 8, 10 and 11 would submit that some criminal cases registered against the riots occurred in Saruthupatti Village, Periyakulam Taluk, Theni District. Some cases are ended with an order of acquittal and some criminal cases are pending trial.

2. Under these circumstances, High Court in exercise of the powers of the 4/7

judicial review cannot grant any compensation. However, the victims may approach the competent court of law/forum, for the purpose of claiming compensation in the manner known to law.

3. With these observations the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- 07.07.2025 (*)Amended as per order of this Court dated 25/07/2025 made in WP(MD)No.

14450 of 2019.

Sd/- Assistant Registrar (CS.II) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) ps To

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George,

2. The Secretary, Home Department, Government of Tamil Nadu, 5/7

Fort St. George,

3. The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Fort St.George,

4. The Chairman National Commission for Schedule Caste and Schedule Tribes, Tamilnadu Unit, Sastri Bavan, Nungambakkam, Chennai.

5. The Director General of Police,

6. The Inspector General of Police, Office of the Inspector General of Police Southern Zone, Madurai.

7. The Deputy Inspector General of Police, South Zone, Dindigul.

8. The Superintendent of Police,

9. Thiru.V.Baskaran, The Superintendent of Police, 10.The Deputy Superintendent of Police, 6/7

11.The Inspector of Police, Thenkarai Police Station,

12. Kasiviswanathan, SP CID, Thenkarai Police Station.

13. The District Collector,

14. The Revenue Divisional Officer Periyakulam,

15. The Tahsildar, Periyakulam Taluk, +1 CC to M/s.SPL GP ( SR-46627[F] dated 28/07/2025 ) and W.M.P(MD)Nos.10896, 10893, 10891, 10897, 10894, 10895 and 10892 of 2019 07.07.2025 SL (07.08.2025)/7P/ 17C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 7/7