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Madras High CourtWP(MD)/13971/2022disposed of

Gunasekaran .P v. The District Collector

2024-02-05Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Gunasekaran ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Revenue Divisional Officer, Devakottai Division, 4.The Deputy Superintendent of Police, 5.The Tahsildar, Thiruppathur Taluk, 1/7

6.The Inspector of Police, Nachiyarpuram Police Station, Nachiyarpuram, 7.Ilambharathi 8.Kottaisamy 9.Thirunavukkarasu 10.Ramachandran 11.Vairamuthu 12.Kottai ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 6 to take action against the respondents 7 to 12 for excommunicating the petitioner's family from Perichikovil Village, Thiruppathur Taluk, Sivagangai District and ensure the collection of tax from the petitioner for the Temple festival to be conducted on 06.07.2022. For Petitioner : Mr.S.P.Vijay Nivas For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 to R6 No appearance for R8 2/7

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 6 to take action against the respondents 7 to 12 for ex-communicating the petitioner's family from participating in the Temple Festival in Perichikovil Village, Thiruppathur Taluk, Sivagangai District and ensure the collection of tax from the petitioner for the Temple festival to be conducted on 06.07.2022.

2. The case of the petitioner is that the petitioner belongs to downtrodden family and he was ex-communicated by the other villagers and the Villagers have not collected the tax from the petitioner for the Temple festival to be conducted on 06.07.2022, hence, he sent a representation to the respondents 1 to 6, however, no action was taken. Hence, the petitioner has filed this Writ Petition. 3/7

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to consider the representation of the petitioner, dated 10.06.2022, and pass appropriate orders on merits and in accordance with law, within a specified period.

4. The learned Additional Public Prosecutor appearing for the respondents submits that the petitioner has made a complaint before the official respondents, pursuant to which, summons were issued to the petitioner for participation of enquiry, however, the petitioner has not co-operated with the enquiry. Hence, the complaint was closed on 07.07.2022.

5. From the submission made by the Additional Public Prosecutor appearing for the respondents, it reveals that the petitioner has not cooperated with the investigation conducted by the respondents Police. Hence, this Court is not inclined to issue any direction to the respondents 1 to 6. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

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6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

05.02.2024 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To:

1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Revenue Divisional Officer, Devakottai Division, 4.The Deputy Superintendent of Police, 5.The Tahsildar, Thiruppathur Taluk, 5/7

6.The Inspector of Police, Nachiyarpuram Police Station, Nachiyarpuram, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

ssb 05.02.2024 7/7