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2014 DIGILAW 3383 (MAD)

D. Gunasekaran v. State of Tamil Nadu, rep. by its Secretary to Government Home Department

2014-09-17

T.S.SIVAGNANAM

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Judgment : 1. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 4. 2. Since the writ petition is disposed of at the admission stage itself, no notice is required to the private respondents and the disputed questions of facts have not been gone into. 3. The petitioner has filed this writ petition alleging that the private respondents have conducted illegal katta panchayat and curtailing the liberty of the petitioner and his family members solely on the reason that the petitioner has published a book titled “Tamil”. 4. It is stated by the learned counsel for the petitioner that in the said book certain instances, which had happened in the village has been highlighted by the petitioner specifically with regard to the discrimination to a particular community of people. Angered by the statement made in the petitioner’s book, the private respondents have said to have conducted illegal Katta panchayat and they were threatening the petitioner and his family members to leave the village within 10 days. The further grievance of the petitioner is that in spite of written complaint given to the official respondents, no action has been taken, no enquiry has been conducted and no case has been registered. 5. The learned Additional Government Pleader, on instructions from the respondents 3 and 4, submitted that based on the complaint given by the petitioner, CSR No. 227 of 2014 has been given on 07.08.2014 and the matter is being enquired into. 6. The learned counsel for the petitioner submitted that the petitioner is cooperating with the enquiry, but the private respondents, who have named in the petitioner’s complaint, have not been called for enquiry. 7. The learned Additional Government Pleader submitted that the complaint will be enquired into in accordance with law and if a case is made out, the FIR would be registered. Accordingly, here will be a direction to the fourth respondent to enquire into the complaint, which has been registered as CSR NO. 227 of 2014 dated 07.08.2014 by conducting an enquiry summoning all persons, who are required to be summoned and if cognizable offence is made out, register the FIR in accordance with law. The above direction shall be complied with by the fourth respondent within a period of four weeks from the date of receipt of a copy of this order. 227 of 2014 dated 07.08.2014 by conducting an enquiry summoning all persons, who are required to be summoned and if cognizable offence is made out, register the FIR in accordance with law. The above direction shall be complied with by the fourth respondent within a period of four weeks from the date of receipt of a copy of this order. To ensure that the enquiry into the matter proceeds in a proper manner, the same shall be supervised by the third respondent. The petitioner is directed to cooperate in the enquiry. While commencing enquiry, the fourth respondent shall consider as to whether the apprehension of the petitioner that he will be thrown out of the village within a period of 10 days is reasonably made out and if that is the case, appropriate direction shall be issued by the 4th respondent, so that, such discriminatory practices are not adopted by any person. It is made clear that this Court has not gone into the merits or the petitioner’s allegations made in the affidavit filed in support of the writ petition or as contained in the complaint dated 07.08.2014 and it is for the 4th respondent to enquire the matter in accordance with law. The writ petition is disposed of with the above directions. No costs.