Petitioner, a lawyer doing pro bono work protecting a village water-body, alleged caste abuse and threats by a group. The police closed his complaint as CSR without enquiry. The Court held closure improper, directed an enquiry by the Deputy Superintendent with safety assurances, and disposed of the writ petition.
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W.P.(MD)No.31167 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.31167 of 2024
VR.Meiyappan : Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 herein to take necessary action upon his representation dated 30.10.2024 which is still pending before the respondents police, within time limit that may be fixed by this Court.
W.P.(MD)No.31167 of 2024
For Petitioner : Mr.P.Venkatesan For R1 to R3 : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
The petitioner had taken pro bona work in Shanmuganthapuram Village against the powerful group of persons, who attempted to convert the water-body for their own uses claiming it to be a playground, by filing a petition in W.P(MD).No.20481 of 2024 and W.M.P(MD).No.1736 of 2024 and this Court had admitted the writ petition and finding prima facie case in favour of the petitioner, had granted stay of further converting the water-body for other purpose. Aggrieved against the same, the Panachyat President and her husband, namely, Rangaiya had abetted one Murugesan, Manivel, Prasanth, Eswaran, Sundaram and Prabhu, had often caused disturbance to the petitioner and his family members by sitting on the pathway having liquor using abusive words and also calling them by caste name that the petitioner belongs to marginalized community and they are also questioning the petitioner's act of filing the writ petition. This threat and abuse has been continuing. On 29.10.2024 when the petitioner and his wife were proceeding to the house, at that time, the named persons and
W.P.(MD)No.31167 of 2024
others had used abusive words and attempted to attack them. The petitioner and his wife called emergency police 100, who had informed that since Gurupooja is forthcoming, no police available and everybody has gone to Panthopasthu, which further emboldened the aggressors, who had pulled down the petitioner's son, who was proceeding to school in School bus stating that the person belonging to such community cannot raise voice against majority and the petitioner's son was not permitted to use the school bus. In this regard, the petitioner had given representation to the respondent police, but so far no action has been taken. Hence, the present petition.
W.P.(MD)No.31167 of 2024
387 of 2024 is not proper. The petitioner to appear before the Deputy Superintendent of Police, Devakottai Taluk, on 28.01.2025 along with copy of the complaint. Thereafter, the Deputy Superintendent of Police, to enquire into the petitioner's complaint and representation dated 13.10.2024, call the aggressors for enquiry, in any event, to conclude the
enquiry within a period of two months thereafter, and ensure that the petitioner lives peacefully with confidence of safety to his life and limp and property and also ensure that the petitioner's son school going is not interrupted in any manner. The petitioner should not face threats, intimidation, or harm for pursuing a public interest matter. As regards the limit of the petitioner's contention with regard to conversion of waterbody, it is for this Court to decide the same in W.P(MD).No.20481 of 2024.
No costs.
02.01.2025
NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk
W.P.(MD)No.31167 of 2024
To
W.P.(MD)No.31167 of 2024
M.NIRMAL KUMAR,J.
Rmk
W.P.(MD)No.31167 of 2024
02.01.2025
1 issue framed by the court
Whether the police must act on the petitioner's representation alleging caste-based abuse and threats despite closure of CSR.No.387 of 2024?
1 provisions across 1 enactments
VR.Meiyappan
The Superintendent of Police, Devakottai
The Deputy Superintendent of Police, Devakottai Taluk, Sivagangai District
The Inspector of Police, Aaravayal Police Station
Murugan
Manivel
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
