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Madras High CourtWP(MD)/12107/2014closed

S.Muniasamy v. State Of Tamil Nadu,

2023-02-02Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) Nos.2 and 3 of 2014 1.S.Muniasamy 2.V.Marimuthu 3.M.Thangavelu 4.A.Mookayee 5.I.Karuppayee 6.M.Muniasamy 7.V.Murugan 8.K.Karupayee ... Petitioners /vs./ 1.State of Tamil Nadu, represented by the Principal Secretary, Department of Home, Fort St.George, Chennai -9.

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2.The Director General of Police, O/o. the Director General of Police, Beach Road, Chennai -1.

3.The District Collector, Collectorate, Virudhunagar District, Virudhunagar.

4.The Superintendent of Police, O/o. the Superintendent of Police, Collectorate Campus, Sathur Road, Virudhunagar.

5.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

6.The Inspector of Police, M.Rettiyapatti Police Station, Arupakottai Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide concrete houses to the petitioners under Rule 15(1)(h) of the Scheduled Castes and theScheduled Tribes (Prevention of Atrocities) Rules, 1995 and adequate rehabilitation including jobs to the petitioners within the time period stipulated by this Court.

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For Petitioners : Mr.S.Rajasekar For R1 & R3 : Mr.M.Prakash Additional Government Pleader For R2 & R4 to R6 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

The writ petition is seeking for a Mandamus to direct the respondents to provide concrete houses to the petitioners under Rule 15(1)(h) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 and adequate rehabilitation including jobs to the petitioners. 2.A counter affidavit had been filed by the third respondent indicating that pursuant to the incident that had occurred, a detailed enquiry had been conducted and that he had sanctioned a sum of Rs.5,62,500/- in proceedings in Na.Ka.No.D4/4255/2014 dated 31.12.2015 for all the persons, who were entitled for compensation for the damages that were suffered by them and towards medical expenses.

3.The learned counsel for the petitioners would submit that certain petitioners have been left out and they were not paid any compensation, even 3/6

according to the statement made in the counter affidavit filed by the third respondent.

4.I have perused the counter affidavit. A detailed enquiry seems to have been conducted pursuant to the untoward incident and the respondents have identified the persons, who have suffered damages either to the property or to the persons and that compensation has been paid. The left out petitioners have been found not to have suffered any damages either to their bodies or to their property. 5.In such circumstances, I do not find any necessity to issue direction as prayed for in this writ petition, as the injured persons have already been compensated as per the provisions of the enactment. Hence, no further orders are required to be made in this writ petition and the writ petition is closed, accordingly. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Speaking : Yes / No 02.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 4/6

To 1.The Principal Secretary, Department of Home, Fort St.George, Chennai -9.

2.The Director General of Police, O/o. the Director General of Police, Beach Road, Chennai -1.

3.The District Collector, Collectorate, Virudhunagar District, Virudhunagar.

4.The Superintendent of Police, O/o. the Superintendent of Police, Collectorate Campus, Sathur Road, Virudhunagar.

5.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

6.The Inspector of Police, M.Rettiyapatti Police Station, Arupakottai Taluk, Virudhunagar District.

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K.KUMARESH BABU, J.

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