Marimuthu.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26733 of 2022 V.Marimuthu ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram 3.The Tahsildar, Ramanathapuram, Ramanathapuram.

4.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram, Ramanathapuram District.

5.Sundarraj

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 3 to conduct an enquiry with the Puthenenthal Village Head/Nattamai and his men in regard to Excommunication of petitioner's family members from the village and thereby direct them to make compromise between the petitioner's family and the village people and also to instruct the village shop keepers to 1/6

provide essential commodities to the petitioner's family members based on the petitioner's representation dated 06.10.2021 within the time limit that may be stipulated by this Court.

For Petitioner :Mr.G.Thalaimutharasu For Respondents: Mr.D.Sadiq Raja (for R1 & R3) Additional Government Pleader Mr.B.Thanga Aravindh (for R2 & R4) Government Advocate (Crl.side)

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 and 3 to conduct an enquiry with the Puthenenthal Village Head/Nattamai and his men in regard to Excommunication of petitioner's family members from the village and thereby direct them to make compromise between the petitioner's family and the village people and also to instruct the village shop keepers to provide essential commodities to the petitioner's family members based on the petitioner's representation dated 06.10.2021 within the time limit that may be stipulated by this Court.

2. Heard Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader, who takes 2/6

notice on behalf of the respondents 1 and 3 and Mr.B.Thanga Aravindh, learned Government Advocate (Crl.side), who takes notice on behalf of the respondents 2 and 4.

3. The case of the petitioner is that he and his family members are working as agricultural coolies and they are residing at Puthenthal Village, Ramanathapuram District. The Nattamai of the said village directed the village people not to have any relationship with other community people. But the petitioner and his family members have good relationship with other village people. Hence, the Nattamai of the said village directed them to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) as penalty. Since the same was refused by the petitioner and his family members, they are excommunicated by the Village Nattamai and also directed the shop keepers not to provide any essential commodities to them. In this regard, the petitioner made a representation dated 06.10.2021 to the respondents requesting to conduct an enquiry with the Village Nattamai so as to enable him to get relief. The respondents have not taken any steps in this regard. Hence, the petitioner is before this Court.

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4. There is a dispute between the petitioner and the other village people and Crime No.270 of 2021 was registered on the file of the Ramanathapuram Town Police Station, based on the complaint lodged by the petitioner. It is case and counter. Crime No.271 of 2021 was registered against the petitioner and his sons on the complaint lodged by one Karuppusamy. The occurrence took place in the year 2021 and the petitioner filed this petition in the year 2022. There was a delay of one year.

5. It is seen that there are rival groups in the said village. The excommunication as alleged by the petitioner cannot be accepted by this Court. If at all, the petitioner is aggrieved, he can approach the competent authority concerned. There is no need arises for the interference of this Court. Accordingly, the Writ Petition stands dismissed. No costs. 28.11.2022 Index : Yes/No Internet:Yes/No Rmk 4/6

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram 3.The Tahsildar, Ramanathapuram, Ramanathapuram.

4.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram, Ramanathapuram District.

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V.BHAVANI SUBBAROYAN,J., Rmk W.P(MD)No.26733 of 2022 28.11.2022 6/6