Sivam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and MP(MD)No.1 of 2015 Sivam ... Petitioner Vs 1.The State represented by The Secretary, Home Department, Fort St.George, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The Superintendent of Police, Trichy District, Trichy.
4.The Revenue Divisional Officer, Lalgudi, 5.The Tahsildar, Tahsildar Office, Manachanallur, 1/6
6.The Inspector of Police, Manachanallur Police Station, 7.The Sub-Inspector of Police, Pulivalam Police Station, 8.Devaraj 9.Ravichandran 10.Suresh Kumar 11.Kankaraj 12.Selvaraj 13.Thangaraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 7 to take necessary action against the respondents 8 to 13 and their committee members in accordance with law for committing the offence of ex-communication of the petitioner, his family members and supporters from the Omanthur village, Manachanallur Taluk, Trichy District and consequently direct the respondents 1 to 7 to ensure peaceful and safety life of the petitioner in the Omanthur Village, Manachanallur Taluk, Trichy District without any excommunication and without any infringement of his fundamental rights envisaged in the constitution of India.
For Petitioner : Mr.R.Rajaraman For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.7 2/6
Mr.R.Sundar Srinivasan for R.8 to R.13
ORDER
Heard the learned counsel on either side.
2. The petitioner's mother G.Visalakshi was a President of the local body. She passed a resolution in the Panchayat for enhancing the property tax. This was opposed by other members of the local body. Since the petitioner's mother enforced the revision, one Panchayat employee was attacked. In this regard, G.Visalakshi lodged complaint. This made her unpopular. At this stage, due to health issues she passed away. The villagers decided not to participate in the funeral. That has been characterized as ex-communication by the petitioner.
3. In any event this is not a subsisting issue. More than eight years have elapsed. The Government has filed counter affidavit clarifying that as on date there is no ex-communication against the petitioner. No further order is required.
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4. This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 05.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Secretary, Home Department, Fort St.George, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The Superintendent of Police, Trichy District, Trichy.
4.The Revenue Divisional Officer, Lalgudi, 5.The Tahsildar, Tahsildar Office, Manachanallur, 6.The Inspector of Police, Manachanallur Police Station, 4/6
7.The Sub-Inspector of Police, Pulivalam Police Station, 5/6
G.R.SWAMINATHAN, J.
MGA and MP(MD)No.1 of 2015 05.07.2023 6/6