Sarojah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.05.2026

CORAM

THE HONOURABLE Mrs.JUSTICE S.SRIMATHY Sarojah

...Petitioner

vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

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

3. The Deputy Superintendent of Police, Valliyoor Sub-Division, Tirunelveli District.

4.The Inspector Of Police, Koodankulam Police Station, Tirunelveli.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents not to restrict or restrain the petitioner and her family members from freely entering and residing in their native village, namely koothankuzhi, Radhapuram Taluk, Tirunelveli District, consequently direct the respondents to ensure the right to live, residence and free movement with dignity as enshrined under Articles 14 and 21 of Constitution of India except under due process of law in light of the petitioner's representation dated 29.04.2026. 1/5

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate for R2 to R4 Mr.S.Vinodh, Government Advocate (Civil) for R1

ORDER

The present Writ Petition is filed for a Writ of Mandamus directing the respondents not to restrict or restrain the petitioner and her family members from freely entering and residing in their native village, namely koothankuzhi, Radhapuram Taluk, Tirunelveli District and consequently direct the respondents to ensure the right to live, residence and free movement with dignity as enshrined under Articles 14 and 21 of Constitution of India except under due process of law in light of the petitioner's representation dated 29.04.2026

2. Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Crl. Side) takes notice for R2 to R4 and Mr.S.Vinodh, learned Government Advocate (Civil) takes notice for R1.

3. By consent on either sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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4. The learned counsel appearing for the petitioner submitted that the respondents, till date, are restraining the petitioner and her family from entering her native village, namely, koothankuzhi, Radhapuram Taluk, Tirunelveli District, based on the murder, which occurred on 02.09.2024.

5. The learned Government Advocate (crl. side), on instructions, submitted that there was a murder in the local area of the petitioner's native, in which case, initially three accused were arrayed and subsequently, after elaborate investigation, the petitioner and her son were arrayed as accused. According to him, more than 20 persons were arrayed as accused in that case and all those accused were not allowed inside the said village, in order to ensure law and order problem.

6. At this juncture, the learned counsel appearing for the petitioner submitted that for the past two years, the petitioner is not allowed to enter her native village. Therefore, the respondents are bound to re-consider her representation.

7. In view of the same, the second respondent shall consider the petitioner's representation dated 29.04.2026 and pass appropriate orders in 3/5

accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

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

07.05.2026 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi Note: Issue order copy on 08.05.2026 To

1. The District Collector, Tirunelveli District, Tirunelveli.

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

3. The Deputy Superintendent of Police, Valliyoor Sub-Division, Tirunelveli District.

4.The Inspector Of Police, Koodankulam Police Station, Tirunelveli.

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S.SRIMATHY, J.

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