Madras High CourtWP(MD)/15545/2020disposed of

S.Subramanian v. The District Collector

2020-11-06Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU S.Subramanian ... Petitioner Vs.

1.The District Collector 2.The Superintendent of Police 3.The Revenue Divisional Officer, Devakottai, 4.The Tahsildar, Karaikudi Taluk, 5.The Block Development Officer Kallal Union, Karaikudi, 6.The Sub Inspector of Police Kallal Police Station, 7.The Panchayat President Visalayankottai Village Panchayat, Kallal Union, Karaikudi Taluk, 8.S.Savarimuthu 9.S.Arulraj 10.M.Devasahayam @ Adaikalam 11.U.Arul Paulraj 12.J.John Peter ... Respondents 1/4

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 7 herein to conduct an inquiry against the respondents 8 to 12 herein for ex-communicating the petitioner, his children and his family members as per representation, dated 16.10.2020.

For Petitioner : Mr.V.S.Kumaraguru For Respondents 1 to 4 & 6 : Mr.R.Srinivasan, Government Advocate

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 7 herein to conduct an inquiry against the respondents 8 to 12 herein for ex-communicating the petitioner, his children and his family members as per representation, dated 16.10.2020.

2.The petitioner submits that he is residing in the seventh respondent Village Panchayat. Survey No.573/1 measuring 207 sq. ft. is a Government Poramboke land and it is classified as such in the revenue records. He further submit that 25 years ago the Government had put up residential quarters for Government School Teachers, now it is damaged. Taking advantage of the same, the respondents 8 to 12 belonging to Christian Udayar Community in the village tried to encroach into the said land by putting up compound wall for religious institution and thereby inviting wrath from Hindus and various other communities. Hence, the petitioner gave a complaint before the fifth respondent. After enquiry, the fifth respondent sent a communication to the eighth respondent in Na.Ka.No.B3/1531/2017 dated 06.10.2020, directed him to initiate necessary action for removal of encroachment.

3. He would further submit that in the light of the complaint and inspection report, the respondents 9 to 13 got irked, spreading in the village with ill-conceived notion excommunicate the petitioner in the Village. The petitioner made a complaint to the sixth respondent on 16.10.2020 and CSR receipt has been issued on 17.10.2020. Again, he made a representation to the respondents 1 and 2 on 16.10.2020 against the respondents 8 to 12 for excommunicating the petitioner and his family members in the village. As there is no response, this writ petition has been filed. 2/4

4.The learned Government Advocate appearing for the respondents 1 to 4 and 6 would submit that the representation of the petitioner, dated 16.10.2020 will be considered by the respondent police within a period of two weeks.

5.Considering the submissions made on either side, the respondents 1 to 4 and 6 are directed to dispose of the representation of the petitioner, dated 16.10.2020, within a period of two weeks from the date of receipt of a copy of this order on merits and in accordance with law and communicate the same to the petitioner.

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Collector 2.The Superintendent of Police 3.The Revenue Divisional Officer, Devakottai, 3/4

4.The Tahsildar Karaikudi Taluk, 5.The Sub Inspector of Police Kallal Police Station, +1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-21535[F] dated 09/11/2020 W.P(MD)No.15545 of 2020 DATED : 06.11.2020 SJ(CO) TR(26.11.2020) 4P 7C 4/4