R.Ramija Bee, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.24805 of 2016 R.Ramija Bee .. Petitioner Vs 1.The District Collector, Trichy District.

2.The Superintendent of Police, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy.

4.Jumma Palli, (South Jumma Pallivasal, Sobanapuram), Through its President, Mr.A.Mohamed Musthafa, S/o.Abdul Kaffar, Sobanapuram Village, Thuraiyur Taluk, Trichy District.

5.A.Mohamed Musthafa 6.Sahul Hameed @ Settu 7.Jaffar Ali 8.M.S.Musthafa 9.Mohamed Basheer 10.Mohamed Yusuf 11.Abdul Jabbar 12.Mohamed Kashim 13.Mohamed Ali 14.Thaj Deen .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents 1 and 2 to take action against the 4th Respondent and its office bearers (R5 to R14) for the offence of ex-communication extended by them against the Petitioner and her family members and conducting Kangaroo Courts in the form of Extra Judicial Forums in Sobanapuram Village, Thuraiyur Taluk, Trichy District.

For Petitioner : Mr.K.Muthumalai For Respondents 1 to 3 : Mr.M.Alagathevan, Special Government Pleader For Respondents 4 to 14 : Mr.A.N.Ramanathan

O R D E R

The Petitioner has approached this Court seeking a direction to the respondents 1 and 2 to take action against the 4th Respondent and its office bearers (R5 to R14) for the offence of excommunication extended by them against the Petitioner and her family members and for conducting Kangaroo Courts in the form of Extra Judicial Forums in Sobanapuram Village, Thuraiyur Taluk, Trichy District.

2.The learned counsel appearing for the respondents 4 to 14 filed a counter statement. In paragraph No.3 of the counter it is specifically stated that the petitioner and her family members were permitted to enter the Pallivasal and to do worship and they were not prevented by anybody at any point of time and the petitioner and her family members were not excommunicated from their village at any point of time.

3.This position is affirmed by the learned Special Government Pleader appearing for the respondents 1 to 3. 4.In view of the submissions made by the learned counsel for the respondents, I do not think that any issue survives for consideration by this Court, particularly under Article 226 of the Constitution of India. In case the petitioner still aggrieved by the inaction on the part of the police to take any action against any of the private respondents in the present writ petition, it is always open to the petitioner to workout her remedy in a manner known to law.

5.With the above observations, this Writ Petition is closed. There is no order as to costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Trichy District.

2.The Superintendent of Police, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy.

+ 1 CC TO Mr.K.MUTHUMALAI, ADVOCATE IN SR No. 17098 + 1 CC TO Mr.AN.RAMANATHAN, ADVOCATE IN SR No. 16832 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 16626 SJ TE/SV/SAR-IV : 11/04/2017 : 3P/7C W.P(MD)No.24805 of 2016 21.03.2017