Palanichamy.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.19014 of 2023 1.S.Palanichamy 2.S.Perumal ... Petitioners Vs 1.The District Collector, O/o. the District Collector, Dindigul District.

2.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District.

3.The Inspector of Police, Vada Madurai Police Station, Vada Madurai, Dindigul.

4.The Revenue Divisional Officer, O/o the RDO, Palani-Town, Dindigul.

5.The Tahsildar, O/o. the Tahsildar, Vedachandur Taluk, Dindigul District.

6.R.Subramani 7.S.Ramachandran 1/5

8.V.Palanichamy 9.R.Murugan 10.P.Thangaraj 11.Nadupatti Karunakaran 12.K.Dhanasekaran 13.V.Kannappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to take appropriate action against the illegal act of excommunication done by respondent Nos.6 to 13 against the petitioners by considering the representation, dated 10.08.2023.

For Petitioner : Mr.R.Santhanam For R-1 to R-5 : Mr.SS.Madhavan, Government Advocate (Criminal Side)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus to the second respondent to take appropriate action against the unofficial respondents 6 to 13 for playing ex-communication with the petitioners and his family members.

2. It is submitted by learned counsel for the petitioners that on a complaint given by the first petitioner sister's son, a case has been registered in Crime No.32 of 2022 on 07.02.2022 for the offences under Sections 147, 148, 2/5

294(b), 323, 324 and 506 (2) of I.P.C., against the unofficial respondents 6 to 13 and on account of keeping that grudge, the unofficial respondents have been excommunicating and demanding a sum of Rs.3,00,000/-, thereby, a complaint is filed before the respondent Police and action has not been taken so far.

3. Learned Government Advocate (Criminal Side) on the other hand submits that the respondents 1 to 5 have received the representation of the petitioner, dated 10.08.2023. It is submitted that previously there were disputes between the petitioners and unofficial respondents, on a complaint given by the petitioners in C.S.R.No.685 of 2022 and that has been disposed of and sofaras the present application of the alleging ex-communication, learned Government Advocate (Criminal Side) submits that, an enquiry made by the Police, there was no ex-communication, however, the matter was referred to respondent No.4 / Revenue Divisional Officer, who will initiate the enquiry by calling all the parties.

4. Considering the submissions made by both sides and on perusal of records, the respondent No.2 and respondent No.4 are directed to complete the enquiry in respect of the representation of the petitioner, dated 10.08.2023, alleging ex-communication which objectively by following procedure as quickly as possible not later than two weeks from the date of receipt of a copy of this order.

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5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 20.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, O/o. the District Collector, Dindigul District.

2.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District.

3.The Inspector of Police, Vada Madurai Police Station, Vada Madurai, Dindigul.

4.The Revenue Divisional Officer, O/o the RDO, Palani-Town, Dindigul.

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

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DR.D.NAGARJUN, J.

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