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Madras High CourtWP(MD)/928/2024disposed of

Mareeswaran .K v. The Home Secretary

2024-02-13Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.928 of 2024 and W.M.P(MD)No.953 of 2024 K.Mareeswaran ... Petitioner -Vs1.The Home Secretary, Home (Probation and Excise Department), Chief Secretariate, 2nd Floor, Main Building, Rajaji Road, Saint George Fort, Chennai - 600 009.

2.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to provide the reliefs as per Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities ) Act 1989 and based on the proceedings of the Peace Committee Meeting in NA.KA.No.A1/7843/2023 dated 11.10.2023 and give protection of 1/5

witnesses, provide land to wife of Gandiraj and parents and to Provide Government Job to the Wife of victim.

For Petitioner : Mr.T.Lajapathy Roy Senior Counsel for Mr.S.Lenin Prabhu For Respondents : Mrs.K.Christy Thebaral Additional Government Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents to provide the reliefs as per Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities ) Act 1989 and based on the proceedings of the Peace Committee Meeting in NA.KA.No.A1/7843/2023 dated 11.10.2023 and give protection of witnesses, provide land to wife of Gandiraj and parents and to Provide Government Job to the Wife of victim.

2. When the matter was taken up for hearing on 18.01.2024, Mrs.K.Christy Thebaral, learned Additional Government Pleader, who took notice for the respondents, submitted that the respondents have already issued appointment order to the victim, appointing her as Office Assistant at 2/5

the Office of the Special Tahsildar, Adi-dravidar Welfare Department, Virdhunagar. She further submitted that the Special Tahsildar, Adi-dravidar Welfare Department, Virdhunagar, has sent a letter, recommending the District Adi-Dravidar Welfare Officer, Virudhunagar to give free house site patta to the victim. In this regard, the learned Additional Government Pleader has produced a copy of the said proceedings dated 13.12.2023 and 20.11.2023. Further, the matter was adjourned only to get instructions from the respondents with regard to the protection to the witnesses.

3. This matter is listed today only for deciding the issue in respect of protection to the witnesses.

4. The learned Additional Government Pleader, on instructions, submitted that necessary protection will be given to the witnesses as and when required by them.

5. This Court is of the view that the respondents are duty bound to ensure the safety of the witnesses. Therefore, this Court directs the second respondent/District Collector to provide adequate police protection for the 3/5

safety of the petitioner and other witnesses relating to the murder case of the said Gandhiraj as and when required by the witnesses.

6. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 13.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The Home Secretary, Home (Probation and Excise Department), Chief Secretariate, 2nd Floor, Main Building, Rajaji Road, Saint George Fort, Chennai - 600 009.

2.The District Collector, O/o the District Collector, Virudhunagar, Virudhunagar District.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.928 of 2024 and W.M.P(MD)No.953 of 2024 13.02.2024 5/5