Tamilraj. A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM A.Tamilraj

...Petitioner

Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Collectorate Building, Virudhunagar.

3. The Superintendent of Police, Virudhunagar District, Virudhunagar.

4. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

5. Ramamoorthy

6. Muthukumar

7. Pothiraj

8. Chitiraikani

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 8 based on the representation of the petitioner, dated 13.02.2022. For Petitioner : Mr.S.Ramasamy For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Writ Petition is filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 8 based on the representation of the petitioner, dated 13.02.2022.

2. The learned counsel for the petitioner submitted that the petitioner contested the election for the post of President of Thiruvanamalai Village Panchayat in the year of 2011 and the 8th respondent herein also contested the election for the same post. In the said election, the 8th respondent had lost the sweep, for which, the 8th respondent had vengeance against the petitioner, since he felt that the 2/6

reason for losing victory in the election is due to the petitioner's contest in the said election. With the said motive, the 8th respondent instigated the respondents 5 to 7 against the petitioner. As a result, the petitioner was restrained from fetching water from the common water pipe line. Likewise, they urged the villagers to stop the relationship and communication with the petitioner's family and also restrained him from purchasing essential commodities from the shop and finally, the petitioner's family was declared as excommunicator by the village head. Hence, he gave a complaint against the 8th respondent to the first respondent, who in turn directed the fourth respondent to conduct enquiry vide his proceedings in Naa.Ka.Ja.3/44/2019, dated 27.12.2019 and accordingly the fourth respondent conducted enquiry. Thereafter, they have not taken any action. Hence, the petitioner has filed the present Writ Petition.

3. The learned Government Advocate (Criminal Side) appearing for the official respondents submitted that after receiving the complaint the respondent police assigned C.S.R.No.82 of 2022. He further submitted that the Revenue Divisional Officer has also been directed to 3/6

verify as to whether the petitioner's family has been ex-communicated or not? at the instigation to the respondents 5 to 8 and send a report.

4. In view of the above, the fourth respondent is directed to get a report from the Revenue Divisional Officer with regard to the excommunication of the petitioner's family and to take suitable action and pass orders on merits, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

18.07.2022 Index :Yes/No ebsi 4/6

To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Collectorate Building, Virudhunagar.

3. The Superintendent of Police, Virudhunagar District, Virudhunagar.

4. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

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

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V.SIVAGNANAM., J ebsi 18.07.2022 6/6