M.Pitchamal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.02.2022

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN M.Pitchamani ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Home Department, Fort St. George, Chennai.

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Deputy Superintendent of Police, Alwarthirunagari, Thoothukudi District.

5.The Sub-Inspector of Police, Alwarthirunagari Police Station, Alwarthirunagari, Thoothukudi District.

6.Kannan, S/o.Sudalaimuthu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to ensure the rights of the petitioner over the public graveyard, public water taps, public pathway, public temple, situated in Thirugalur Village, Tiruchendur Taluk, Thoothukudi District and further to prevent any practice of untouchability being practiced against the petitioner and others, by considering the representation, dated 11.06.2018, within a time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Pragalathan For R1 to R5 : Mr.S.Ravi Additional Public Prosecutor

ORDER

This Writ Petition is filed seeking direction to the respondents 1 to 4 to consider the representation of the petitioner, dated 11.06.2018, and take action against the sixth respondent, for practicing untouchability and ex-communicating the petitioner. 1/3

2.The learned Additional Public Prosecutor submits that the complaint of the petitioner was received and C.S.R.No.85 of 2018 has been issued and the parties were called for enquiry and their statements were recorded. From the said statements, it was found that the petitioner herein, who had some dues payable to the Village contribution, had agreed to pay the dues and pursuant to that, the sixth respondent has given an undertaking that there will not be any kind of ex-communication. Further, the enquiry revealed that except action for non-payment of dues, there was no practice of untouchability as alleged in the representation. 3.In view of the action taken by the respondent Police, calling the parties and enquiring the complaint, this Court is of the view that nothing survives for further adjudication in this Writ Petition. Hence, this Writ Petition is closed. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai.

2.The District Collector, Thoothukudi District, Thoothukudi.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Deputy Superintendent of Police, Alwarthirunagari, Thoothukudi District.

5.The Sub-Inspector of Police, Alwarthirunagari Police Station, Alwarthirunagari, Thoothukudi District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2/3

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-3805[F] dated 02/02/2022 ) 02.02.2022 KK(CO) KB(15.02.2022) 3P 8C 3/3