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1/11 WP No. 1238 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-06-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 1238 of 2023 C.Kamaraj Petitioner(s) Vs
1. The District Collector District Collector office, Nagapattinam District, Nagapattinam 2.The Revenue Divisional officer O/o. Revenue Divisional officer, Vedaranyam Taluk, Nagapattinam District 3.The Superintendent of police O/o. The Superintendent of police , Nagapattinam District, Nagapattinam 4.The Deputy Superintendent of police O/o. Deputy Superintendent of police , Vedaranyam, Nagapattinam District https://www.mhc.tn.gov.in/judis
2/11 WP No. 1238 of 2023 5.Anjappan 6.Thangavel 7.Kaliappan 8.Vaithinanathasamy 9.Muthuselvam 10.Lakshmanan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st to 2nd respondents to take action against the 5th to 10th respondents and village panchayatras namely Fisher man colony, Vellapallam post, Vedaranyam Taluk, Nagapattinam District regarding the petitioner and his family were keeping to exile from the village based on the representation of the petitioner dated 17.11.2022 within stipulated time may be fixed by this Court. For Petitioner(s): Mr.R.Murugabharathi For Respondent(s): Mr.G.Velu Additional Government Pleader for R1 and R2 Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis
3/11 WP No. 1238 of 2023
ORDER When the writ petition came up for hearing on 19.01.2023, the following
order was passed by this Court: The Writ Petition has been filed in the nature of a Writ of Mandamus seeking a direction against the 1 st and 2 nd respondents namely the District Collector at Nagapattinam and the Revenue Divisional Officer at Vedaranyam Taluk, Nagapattinam District to take action against the 5 th to 10 th respondents who are the Village members and Panchayatdars of Fisherman Colony in Vellapallam Post, Vedaranyam Taluk in Nagapattinam District. 2. The petitioner had benefited from two Settlement Deeds of two separate properties executed in his favour by his father. Subsequently, it is represented by the learned counsel that the Village Panchayat is forcing the petitioner to hand over one of the properties for the benefit of the Panchayat. 3. A peace Committee Meeting had been conducted on 13.09.2022 and the 5 th to 10 th respondents had agreed that they would not interfere with the livelihood of the petitioner herein. https://www.mhc.tn.gov.in/judis
4/11 WP No. 1238 of 2023
4. However, the said promise was reciprocating in nature that the petitioner should also withdraw all the civil Cases and should hand over particular property for the benefit of the Panchayat. There cannot be a forceful threat to hand over any property to the public. Such handing over should only be voluntarily. 5. It is stated that subsequently, the petitioner had been ostracised and asked to live away from the village. He had issued a representation in this regard on 17.11.2022. 6. Let a response be given on the representation by the 1 st and 2 nd respondents. The 3 rd and 4 th respondents are directed to give adequate protection to the petitioner herein. 7. The copy of this order may also be forwarded to the District Legal Services Authority at Nagapattinam and they may also take up this issue and examine the grievances of the petitioner and try to resolve the issue by any of the alternate dispute resolution methods, if it is possible. https://www.mhc.tn.gov.in/judis
5/11 WP No. 1238 of 2023
8. List the matter once again on 16.02.2023 2.Pursuant to the above order, the matter was referred to the District Legal Services Authority at Nagapattinam to call the parties and attempt for a settlement. 3.The Chairman of the Permanent Lok Adalat, Nagapattinam has sent a report to the effect that there is no scope for settlement in this case.
4.When the matter was taken up for hearing today, the communication made by the Sub Inspector of Police, Vettaikaraniruppu Police Station, Vedaranyam to the Revenue Divisional Officer, Vedaranyam shows that the rival parties were called for an enquiry and they gave the following undertaking: https://www.mhc.tn.gov.in/judis
6/11 WP No. 1238 of 2023 5.The Tahsildar through communication dated 09.02.2023, has informed the Revenue Divisional Officer as follows: https://www.mhc.tn.gov.in/judis
7/11 WP No. 1238 of 2023 nkw;glp tprhuizapy;. kDjhuu; jpU/fhkuh$; vd;gthpd; rnfhjuu; jpU/tPukzp vd;gth;. g[fhh;jhuh; jpU/fhkuh$; FLk;gj;jpdh; kPnjh. j';fs; FLk;gj;jpdh; kPnjh vt;tpj Ch; fl;Lg;ghLk; tpjpf;fg;gltpy;iy vdt[k;. fpuhkj;jpy; eilbgWk; Rg. Jf;f epfH;t[fSf;F miHg;gpjH; tUtjhft[k;. jh';fSk; me;epfH;t[fspy; fye;Jbfhs;tjhft[k;
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thf;FK:yj;jpy; bjhptpj;Js;shh;/ nkYk;. kDjhuh; jpU/fhkuh$; vd;gthpd; je;ij jpU/brhf;fyp';fk; vd;gth;. jd;idnah. jdJ FLk;gj;jpdiunah j';fs; Ch; fpuhk g";rhaj;jhh;fs; vt;tpj fl;Lg;ghLk; tpjpf;fg;gltpy;iy vd jdJ thf;FK:yj;jpy; bjhptpj;Js;shh;/ nkw;glp kDjhuh; jpU/fhkuh$; vd;gthplk; tprhuid bra;jjpy;. jd;dhy; brd;id cah;ePjpkd;wj;jpy; https://www.mhc.tn.gov.in/judis
8/11 WP No. 1238 of 2023 bjhlug;gl;Ls;s tHf;F W.P.1238/2023-,d; bghUs; bjhlh;ghf. bjhlh;g[ila egh;fSld;. khtl;l Ml;rpah; jiyikapy; mikjpg;ngr;Rthh;j;ij elj;jg;gl;L. RK:f Klpt[ fpilf;Fk; gl;rj;jpy; jd;dhy; nkw;glp bjhlug;gl;l tHf;fpid thg!; bgw;Wf;bfhs;tjhf kDjhuu; jpU/fhkuh$; thf;FK:yj;jpy; bjhptpj;Js;shh;/ ,e;neh;tpy;. nkw;glp tprhuizapd; K:ykhf. jpU/fhkuh$; j/bg brhf;fyp';fk; vd;gth; kPJ bts;sg;gs;sk; fpuhkj;jpy; vt;tpjkhd Ch;fl;Lg;ghLk; tpjpf;fg;gltpy;iy
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gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/ 6.It is clear from the above that after detailed enquiry conducted by the Police and the Tahsildar, the rival parties have given an undertaking that the petitioner and his family members will not be ostracized and that they can live in the village peacefully without any disturbance. https://www.mhc.tn.gov.in/judis
9/11 WP No. 1238 of 2023 7.In the light of this undertaking given by the authorities, it is made clear that the revenue authorities and the police shall ensure that the petitioner and his family members are not disturbed in any manner and no attempt is made to ostracize them from the main stream. Insofar as the property dispute is concerned, the parties can agitate the same before the competent Civil Court, where the case is pending. 8.This writ petition is disposed of with the above directions. No Costs.
11-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis
10/11 WP No. 1238 of 2023 To 1.The District Collector District Collector office, Nagapattinam District, Nagapattinam 2.The Revenue Divisional officer O/o. Revenue Divisional officer, Vedaranyam Taluk, Nagapattinam District 3.The Superintendent of police O/o. The Superintendent of police , Nagapattinam District, Nagapattinam 4.The Deputy Superintendent of police O/o. Deputy Superintendent of police , Vedaranyam, Nagapattinam District https://www.mhc.tn.gov.in/judis
11/11 WP No. 1238 of 2023 N.ANAND VENKATESH J. ssr WP No. 1238 of 2023
11-06-2025 https://www.mhc.tn.gov.in/judis