A.Murugesan, S/O.Arumuga v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Murugesan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Eriodu Police Station, Dindigul District.

4.The Sub-Inspector of Police, Kujiliyamparai Police Station, Dindigul District.

5.V.Kanthasamy Goundar 6.M.Jothibasu 7.M.Suresh 8.A.Gandhi ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 1 and 2 to conduct detailed enquiry, with regard to the practice of excommunication, on the basis of the petitioner's representation dated 21.04.2016 and consequently to take necessary action to provide the petitioner and his family police protection to live peaceful life in his village in accordance with the law within the time stipulated by this Court.

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For Petitioner: Mr.S.Malaikani For R1 to R4 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R5 to R8 : Mr.S.Lakshmanan

ORDER

This writ petition has been filed to direct the Respondents 1 & 2 to conduct detailed enquiry, with regard to the practice of excommunication, on the basis of the petitioner's representation dated 21.04.2016 and to provide police protection to the petitioner and his family members.

2. The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 4 would submit that on the representation given by the petitioner dated 21.04.2016, a case has been registered in Crime No.57 of 2016 for the punishable offences under Sections 147, 148, 294 (b), 354 and 506 (ii) of IPC r/w Section 4 of Women Harassment Act r/w Section 3 (1) of the TNPPDL Act. After completion of investigation, the third respondent police, closed the same as 'mistake of fact'.

3. In view of the above submission, the prayer sought for in the writ petition cannot be considered. Therefore, the present writ petition is devoid of merits. It is liable to be dismissed.

4. Accordingly this writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To 1.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Eriodu Police Station, Dindigul District.

4.The Sub-Inspector of Police, Kujiliyamparai Police Station, Dindigul District.

24.11.2019 BK(CO) NR (07/12/2020) 3P : 5C 3/3