Madras High Court Orders Enquiry Into Ostracisation Of Family In Village Over Land Dispute

The petitioners approached the High Court seeking a direction to the District Collector to take stringent action against the private respondents as per the law and restore the fundamental rights of the petitioners in their village, while also preventing the human rights violation.

The Single Bench of Justice Krishnan Ramasamy ordered, “Considering the submissions made by either parties, the respondents 1 and 2 is directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution of India. The aforesaid exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.”

Advocate Gnanavel represented the Petitioner, while Advocate P.Ganesan represented the Respondent.

Factual Background

The case of the petitioner was that she owns a land in Pillankuppan Village, Krishnagiri Taluk. The fourth respondent, who possesses the land adjacent to the petitioner’s land, has demanded pathway to access his land for the past several years. Since the petitioner refused to provide the land to be utilised as a pathway, the fourth respondent brought the issue before the Katta Panchayat leaders (fifth and sixth respondents). The Katta Panchayat leaders passed an order directing the petitioner and her family to be ostracised and curtailing the petitioner’s worship rights. They had also prohibited the petitioner from taking water from the public water sources, as well as groceries from the local shops.

The petitioner made a representation before the District Collector, Superintendent and Inspector of Police requesting to take action against these respondents, but no action was taken. It was in such circumstances that the writ petition came to be filed before the High Court.

Reasoning

Taking note of the submissions made, the Bench directed the District Collector and the Superintendent of Police to conduct an enquiry independently and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.

The Bench has further ordered the District Collector and the Superintendent of Police to take legal action, including filing an FIR against the private respondents if any illegality is found to be committed as alleged by the petitioner.

Cause Title: P.Revathi v. The District Collector (Case No.: WP No. 32501 of 2023)

Appearance

Petitioner: Advocates Gnanavel, N.Stalin

Respondent: Advocate P.Ganesan, Government Advocate R.Venkatesa Perumal, Advocate I.Siddiq, M/s.Dass and Viswa Associates

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