A.Solaiyappan v. The District Collector

W.P.(MD).No.21021 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD).No.21021 of 2019 A.Solaiyappan ... Petitioner Vs.

1.The District Collector, Collectorate Office, Tirunelveli, Tirunelveli District.

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

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

4.R.Paul raj (Nattamai) 5.M.Kutti Ramar 6.V.Durai Raj 7.M.Thangamani 8.K.Thangamalai 9.C.Kamaraj 10.D.Madasamy 11.J.Solamon ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, to direct the respondents 1 to 3 herein to take action against the respondents 4 and 11 for having involved in Kattapanchayat and Ex-communicating the petitioner and his family members from the village and prohibiting from entering the public temple namely "Mariamman Kovil", based on the petitioner's representation dated 28.08.2019. For Petitioner : Mr.B.Baskar For R1 to R3 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The Writ Petition has been filed to direct the respondents 1 to 3 herein to take action against the respondents 4 and 11 for having involved in Kattapanchayat and Ex-communicating the petitioner and his family members from the village and prohibiting from entering the public temple, namely, "Mariamman Kovil", based on the petitioner's representation dated 28.08.2019. 2.The grievance of the petitioner is that the petitioner and his family members were excommunicated by the village panchayatars/respondents 4 to 11. By virtue of that the respondents https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21021 of 2019 4 to 11 are pressurizing the petitioner to pay a extraordinary sum for suspending excommunication. It is alleged that at the instance of the respondents 4 and 5, the petitioner and his family members were not only excommunicated, but also the people in the village were directed not to have any contact with the petitioner and his family members.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

4.Considering the facts and circumstances of the case, without going to the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 28.08.2019, after conducting due enquiry with respondents 4 to 11 and also after giving opportunity of hearing and to pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) das To 1.The District Collector, Collectorate Office, Tirunelveli, Tirunelveli District.

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

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

+1CC TO MR.B.BASKAR, Advocate Sr. No.90774 W.P.(MD).No.21021 of 2019 30.09.2019 SVN(CO) TR(09.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2