Petitioner sought mandamus to mandate registration of IPC and Atrocities Act cases for manual scavenger deaths. Court held 2013 Act covers penalties and declined general directions on prosecution overlap for facts, closing the petition.
Writ petition closed without costs; no order for mandatory case registration or prosecution directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
The Hon'ble MR.JUSTICE M.M.SUNDRESH
W.P.No.703 of 2013
and
M.P.Nos.1 and 2 of 2013
M.Garkey .. Petitioner Vs. 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009. 2.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009. 3.The Chairman & Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai-600 005. 4.The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-600 009. 5.The Coordinating Director, National Environment Engineering Research Institute, Zonal Laboratory, CSIR Complex, Taramani, Chennai-600 113. 6.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Chennai. 7.TheInspector of Police, B6 Peelamedu Police Station, Coimbatore. (R6 & R7 impleader as per order dt.1.2.13) .. Respondents
Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to register the case under Section 304(II) of IPC and Section 3(2) (vii) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act, 1989 against the erring officials and other persons those who are responsible for the death of Manual Scavenger while cleaning the Septic Tank or sewerage lines and further direct the respondents to take Departmental action against the erring officials.
Petitioner seeks to raise the issue of an unfortunate practice of Manual Scavenging, which was, in fact, banned by the Hon'ble Court in the year 2008 and subsequently, Employment of Manual Scavenger and Construction of Dry Latrine (Prevention) Act, 1993 was brought into force. It is the case of the petitioner that despite the prohibition and enactment, practice of manual Scavenging continues in Tamil Nadu and the prayer made is that, if any unfortunate death is caused, the respondents must mandatorily register a case under Section 304 (II) of Indian Penal Code, 1860 and Section 3(2)(ii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989 against the erring officials or the authorities and other persons responsible for the death.
''8. Whoever contravenes the provisions of section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any subsequent contravention with imprisonment
which may extend to two years or with fine which may extend to one lakh rupees, or with both.
Sd/Assistant Registrar Dated:13.3.15
True Copy
Sub Assistant Registrar
To
1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.
2.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009. 3.The Chairman & Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai-600 005. 4.The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-600 009. 5.The Coordinating Director, National Environment Engineering Research Institute, Zonal Laboratory, CSIR Complex, Taramani, Chennai-600 113. 6.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Chennai. 7.TheInspector of Police, B6 Peelamedu Police Station, Coimbatore. +1 cc to Ms.T.Fennawalter Associates,SR.12004 +2 cc to Mr.M.Arokiyaraj, Advocate,SR.11407 +1 cc to Mr.Su.Srinivasan, Advocate,SR.11436 +1 cc to Government Pleader,SR.11380. km(co) krd 18/3 W.P.No.703 of 2013
1 issue framed by the court
Whether the writ court should direct mandatory registration of cases under IPC and Prevention of Atrocities Act for deaths of manual scavengers despite the existence of the 2013 Special Act.
4 provisions across 4 enactments
M. Garkey
Chief Secretary, Government of Tamil Nadu
Sanjay Kishan Kaul
M.M.Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
