Madras High CourtWP(MD)/14692/2014disposed of

A. Mohammed Kawan v. The District Collector

2023-01-06Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.14692 of 2014 A.Mohammed Kawan ..... Petitioner - Vs1. The District Collector, Theni District, Theni.

2. The Superintendent of Police,

3. The Inspector of Police, Chinnamannur Police Station,

4. Janab Abdul Majid, President, Sunnath Jamath, Karunkattankulam, Chinnamannur, Theni District.

5. M.Kadhar Masthan Secretary, Sunnath Jamath, Karunkattankulam, Chinnamannur, 1/5

6. Ismail Assistant Secretary, Sunnath Jamath, Karunkattankulam, Chinnamannur,

7. Sait Treasurer, Sunnath Jamath, Karunkattankulam, Chinnamannur, ... Respondents 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 and 2 to take appropriate action against the respondents 4 to 7 and prevent their illegal act of excommunication towards the petitioner and his family in any form and to ensure him to live peacefully by disposing his representation, dated 21.07.2014.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.G.Siva Raja Government Advocate (For R1) : Mr.R.M.S.Sethuraman Additional Public Prosecutor (For R2 and R3) : M/s. Ajmal Associates Mr.Venkatesh Kumar (For R4 to R7) 2/5

ORDER

The present Writ Petition has been filed seeking for a Mandamus to direct the respondents 1 and 2 to take appropriate action against the respondents 4 to 7 and prevent their illegal act of excommunication towards the petitioner and his family from in any manner by disposing his representation, dated 21.07.2014.

2. Heard Mr.R.Suriyanarayanan, learned Counsel appearing for the petitioner, Mr.G.Siva Raja, learned Government Advocate appearing for the first respondent, Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor appearing for the respondents 2 and 3 and M/s.Ajmal Associates, Mr.C.Venkatesh Kumar, learned Counsel appearing for the respondents No. 4 to 7.

3. Considering the limited relief sought for by the writ petitioner, without adverting to the averments made in the affidavit filed in support of the Writ Petition, the second respondent is directed to consider the representation of the petitioner, dated 21.07.2014 and pass appropriate 3/5

orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

06.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Collector, Theni District, Theni.

2. The Superintendent of Police,

3. The Inspector of Police, Chinnamannur Police Station, 4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.14692 of 2014 06.01.2023 5/5