Madras High Court
Sathyaseelan vs The District Collector on 9 November, 2022
W.P(MD)No.25358 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2022
CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.25358 of 2022
Sathyaseelan ...Petitioner
Vs.
1.The District Collector,
Thoothukudi District.
2.The Revenue Divisional Officer,
Tiruchendur, Thoothukudi District.
3.The Tahsildar,
Tiruchendur, Thoothukudi District.
4.The Superintendent of Police,
Thoothukudi District, Thoothukudi.
5.The Inspector of Police,
Tiruchendur Police Station,
Thoothukudi District.
6.Murugan
7.Saravanan ...Respondents
(The first Respondent is suo motu impleaded by this Court by order, dated
09.11.2022 and the original Respondents are rearranged accordingly.)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the third and fourth
Respondents to grant Police permission and protection towards conducting
Kodai festival at Arulmigu Kilakathiyan Samy Temple at Paramankurichi,
1/6
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W.P(MD)No.25358 of 2022
Tiruchendur Taluk, Thoothukudi District by considering the Petitioner's
representation dated 15.10.2022 within the time limit stipulated by this Court.
For Petitioner :Mr.M.Jagadeesh Pandian
For R1 to R5 :Mr.R.Suresh Kumar
Government Advocate (Crl. side)
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of
Mandamus, directing the Respondents 4 and 5 to grant Police permission and
protection towards conducting Kodai festival at Arulmigu Kilakathiyan Samy
Temple at Paramankurichi, Tiruchendur Taluk, Thoothukudi District by
considering the Petitioner's representation, dated 15.10.2022 within the time
limit stipulated by this Court.
2. Heard the learned Counsel for the Petitioner and the learned
Government Advocate (Crl. side) appearing for the Respondents 1 to 5.
3. The learned Government Advocate (Crl. Side) submits that the fifth
Respondent had registered the case in C.S.R.No.915 of 2022, dated 02.11.2022.
4. On considering the submission of the learned Counsel for the
Petitioner, the District Collector, Thoothukudi District is suo motu impleaded as
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W.P(MD)No.25358 of 2022
the first Respondent by this Court and the Respondents already in this Writ
Petition are ranked as Respondents 2 to 7. The District Collector, as the
District Magistrate, shall depute the second Respondent, the Revenue
Divisional Officer, Tiruchendur, Thoothukudi District and the third
Respondent, the Tahsildar, Tiruchendur, Thoothukudi District to conduct
enquiry regarding the contention of the Petitioner.
5. Already, the Honourable Mr.Justice M.Karpaga Vinayagam had
passed an order, dated 08.04.2004, in Crl.O.P.No.28886 of 2003 (Rajendran
Vs. The State) and had circulated the judgment to all the officials of the State
right from the Chief Secretary, the Director General of Police to the Inspector
of Police as well as to who are down the hierarchy in the revenue side that the
Tahsildar not to entertain or to remain indifferent in conducting Kangaroo
Courts / Khap Panchayath / Katta Panchayath.
6. The contention of the Petitioner contains the allegations of the
Kangaroo Courts. The fifth Respondent, the Inspector of Police has only
registered the CSR, but he had not reported the same to the higher officials. If
the Superintendent of Police entered to enquire into the matter regarding the
conduct of the Kangaroo Courts, it amounts to parallel administration. When
there is a system in place, based on the Constitution of India, the elections are
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W.P(MD)No.25358 of 2022
conducted to the Parliament as well as the State Legislature. The State
administration is run by the duly elected Government and the case of
ostracization without any support from any of the laws in this Country usurping
themselves and administering the self laid down rules, thereby, based on their
own whims and fancies attracts the ruling laid down by Mr.Justice M.Karpaga
Vinayagam.
7. The District Collector, Thoothukudi District is directed to hold a
detailed enquiry and report it to the Chief Secretary to the State and the Home
Secretary to the State. The Superintendent of Police, Thoothukudi District, is
directed to depute the senior officials to conduct the enquiry regarding the
parallel administration, which attracts the same provision as directed against the
anti national including Naxalites. The District Collector, Thoothukudi District,
the Superintendent of Police, Thoothukudi District and other officials shall pass
appropriate orders based on the report of the fifth Respondent.
8.With the above direction, this Writ Petition stands disposed of. No
costs.
09.11.2022
Index :Yes/No
indu
Note: Issue Order copy on 09.11.2022
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W.P(MD)No.25358 of 2022
To
1.The District Collector,
Thoothukudi District.
2.The Revenue Divisional Officer,
Tiruchendur,
Thoothukudi District.
3.The Tahsildar,
Tiruchendur,
Thoothukudi District.
4.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
5.The Inspector of Police,
Tiruchendur Police Station,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.25358 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
indu
W.P(MD)No.25358 of 2022
09.11.2022
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