Madras High Court
Subbulakshmi vs Home Secretary on 26 April, 2012
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/04/2012
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.(MD).No.5611 of 2011
and
M.P.(MD)Nos.2,3 and 5 of 2011
Subbulakshmi ... Petitioner
Vs.
1.Home Secretary,
St. George Fort,
Chennai - 600 009.
2.The Director General of Police,
Chennai - 4.
3.The Additional Director General
of Police, (L & O)
Chennai - 4.
4.The Inspector General of Police
(In-charge)
Commissioner,
Madurai.
5.The Superintendent of Police,
Madurai District,
Madurai.
6.Mr.Asra Garge, I.P.S.,
Superintendent of Police,
Madurai District,
Madurai.
7.The Deputy Superintendent of Police,
Peraiyur Sub Division at Peraiyur,
Madurai District.
8.Mr.Anwarsha,
The Deputy Superintendent of Police,
Peraiyur Sub division at Peraiyur,
Madurai District.
9.The Inspector of Police,
Circle at T.Kallupatti,
Madurai District.
10.The Sub Inspector of Police,
Villur, Kallikudi (via)
Thirumangalam Taluk,
Madurai District.
11.The District Collector,
Madurai.
(R11 suo-motu impleaded as a
party respondents as per order
of this Court dated 11.05.2011)
12.Mr.M.Thangaraj,
District Convener,
Tamilnadu Untouchability
Eradication Front,
Having Office at 27 F, Sarvodaya Salai,
Mahaboob Palayam, Madurai - 625 016.
(R12 impleaded as party respondents
vide order dated 02.02.2012 in
M.P.(MD) No.4 of 2011 ... Respondents
PRAYER
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents not to obstruct
the resident people residing in Villur Village, Kallikudi via, Thirumangalam
Taluk, Madurai District from entering into their village and to permit them to
lead a peaceful life and appoint an enquiry commission under the head of a
retired judge of the Honourable High Court, Madras to enquire into the incident
of firing which had taken place on 01.05.2011 and of people who got injured in
that firing and for causing damages to the properties of the individuals and
creating violence and atrocities in that village and incident of excess caused
by the respondents 3 to 10 and give medical treatment to the persons who are
remanded without medical treatment after beating up by using 3rd degree method.
!For Petitioner ... Mr.P.Narayanamoorthi
^For Respondents... Mr.K.Chellapandian, A.A.G.
for Mr.R.Anandaraj, G.A.
for RR1 to 5 and 7 to 11
Mr.Asra Garg - party in person
for R6
:ORDER
We have declared abolition of untouchability by inserting Article 17 of the Constitution of India. Article 17 of the Constitution of India reads as follows:
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law."
2.The fact is otherwise. The mindset of the people are still feudal. The caste system is still prevalent in Tamil Nadu and the untouchability is practiced in different forms. The Apex Court has recorded the said fact in the judgment, which arose from Tamilnadu in Arumugaservai Vs. State of Tamil Nadu reported in 2011(6)SCC 405, in the following words:
"We would also like to mention the highly objectionable two tumbler system prevalent in many parts of Tamil Nadu. This system is that in many tea shops and restaurants there are separate tumblers for serving tea or other drinks to Scheduled Caste persons and non-Scheduled Caste persons. In our opinion, this is highly objectionable, and is an offence under the SC/ST Act, and hence those practising it must be criminally proceeded against and given harsh punishment if found guilty. All administrative and police officers will be accountable and departmentally proceeded against if, despite having knowledge of any such practice in the area under their jurisdiction they do not launch criminal proceedings against the culprits."
3.The Supreme Court found in the aforesaid case about the existence of two tumbler system prevalent in many parts of Tamil Nadu. This case reveals the shocking state of affairs i.e. the existence of different forms of untouchability, in a village viz. Villur, which is just 30 kms away from Madurai. There are about 1500 families belonging to dominant community and about 200 familis of Dalits live in the village. The 12th respondent in this writ petition, Tamilnadu Untouchability Eradication Front shortly (TUEF) studied the village and has enlisted the existence of the following forms of untouchability:
(i) The habitats of the Scheduled Caste are secluded from the village and far away from the main village. School, Post Office, Hospital, Veterinary hospital, Bank, Police Station, Provisional Stores and Ration Shops etc. all are in the main village, where no scheduled caste people live.
(ii) Even Barber and Dhobies are different for Scheduled caste and non scheduled caste people, i.e. they shall not serve for the scheduled caste and there are different sets of Barbers and Dhobies for scheduled caste people.
(iii) The scheduled caste people cannot ride bicycles or two wheeler in the streets and pathway, where dominant community reside and they should get down from the bicycle/two wheeler and pull it on the street by walk.
(iv) In tea shops in the village, Dalits shall sit on the jute mats, while the others sit on the benches. While tea is provided in silver or glass tumblers to others in the tea shops and the shop owner would take care of cleaning those tumblers, Dalits are given tea in aluminium tumblers and the Dalits shall clean those tumblers after taking tea.
(v) The scheduled caste people shall not sit on the bus shelter in the village and they should sit on the mud road.
(vi) In the case of death in the houses of dominant caste, Dalit people shall beat drums (giwaoj;jy;) and also shall inform the death to the village and the surrounding villages. The scheduled caste people shall dig the pit for burying the dead body and also shall cremate the dead body of people belonging to dominant caste.
(vii) While the youngsters of the dominant caste would call by name, even the elders of the Dalit community and the Dalits shall address the dominant community people as 'Sir' (Iah).
(viii) The scheduled caste people are prevented to worship in the temple where the dominant caste worship.
The later portion of this order reveals that the District Administration namely, the District Collector and the Superintendent of Police have filed reports accepting the aforesaid fact of the existence of the pernicious practice of untouchability in different forms even after 62 years of the coming into force of the Constitution.
4.The aforesaid factum of the existence of practice of untouchability in a village near Madurai shall be seen in the light of the caution administered by Dr.Ambedkar in his inaugural speech on the inauguration of the Constitution and the same is extracted hereunder:
"On 26 January 1950, We are going to enter into a life of contradictions in politics we will have equality and in social and economic life we will have inequality. In politics we will be recognising the principle of one man one vote and one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long should we continue to live this life of contradiction? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow the structure of political democracy which this Assembly has so laboriously built up."
5.There are revolts/dissents against the aforesaid practices by scheduled caste people particularly from younger generation due to awareness of their rights and due to education and employment in public services.
6.A Primary school teacher in Muniyandipuram, who rode a bicycle on the street of dominant caste in Villur village was attacked. A complaint to the police station was of no use. Likewise, in August 2010, one Thangapandi, who passed +2 examinations and also underwent Teacher Training Course, rode a two wheeler in the public pathway in the village and he was attacked for the same. A complaint was given to police. The police did not register the case.
7.On 11.09.2011, The Hindu, an English Daily, published photographs of a scheduled caste boy pulling a two wheeler by walking instead of riding.
8.On 30.04.2011 at about 11.00 p.m. the aforesaid Thangapandij rode a two wheeler in the streets of the village, where the people of dominant caste reside and he was prevented from riding the bicycle and he was attacked. He complained to the 10th respondent. This time, the police acted and his complaint was registered in crime No.63 of 2011 under Sections 147, 341, 506(i) I.P.C. read with 3(1)(v) and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 109 I.P.C. and five accused were arrested on 01.05.2011. The said action of the police to enforce law was strenuously opposed by the dominant community and the reaction was the attack on the Dalit's houses and the houses of the Dalits were damaged including the house of Thangapandi.
9.The 6th respondent visited the village during afternoon on 01.05.2011 as the matter involved in untouchability is a serious one. After he left, the house of the Dalits were damaged as stated above.
10.In view of the said situation, the 6th respondent again returned to the village. A big mob of dominant community attacked the police party including 6th respondent with deadly weapons. The crowd surrounded the police station and attacked it, when the police party retreated back to the police station. In those situation, as a self defence, the police fired a few ammunition rounds, after which the crowd disbursed. The following cases were registered in the Villur police station against the persons, who indulged in the aforesaid criminal activities.
"1. Cr.No.64/2011 u/s 147,148,452,307 IPC r/w 3(1) (x) SC/ST (Damage of Dalit house)
2. Cr.No.65/2011 u/s 147,148,452,307 IPC r/w 3(1)(x) SC/ST (Damage of Dalit house)
3. Cr.No.66/2011 u/s 147,148,452,307 IPC r/w 3(1)(x) SC/ST (Damage of Dalit house)
4. Cr.No.67/2011 u/s 147,148,452,307 IPC r/w 3(i) of TNPPDL Act (Damage of SP's official car)
5. Cr.No.68/2011 u/s 147,148,452,307 IPC r/w 3(i) of TNPPDL Act (Damage of DSP's official vehicle)
6. Cr.No.69/2011 u/s 147,148,332,307 IPC (Attack on picket)
7. Cr.No.70/2011 u/s 147,148,332,307 IPC r/w 3(i) of TNPPDL Act (Attack on Police Station)
8. Cr.No.71/2011 u/s 147,148,332,307 IPC r/w 3(i) of TNPPDL Act (Firing case)"
10 persons in the crowd sustained injuries and they were also accused in those cases. They were given treatment in Government Rajaji Hospital, Madurai/Central Prision, Madurai.
11.While so, this writ petition was filed by the President of the village, who belongs to the dominant community, praying for direction to the respondents to permit them to lead a peaceful life and to appoint at enquiry commission headed by a retired Judge of the High Court to enquire into the incident of firing, which took place on 01.05.2011 and the excess committed by the respondents 6 to 10. The writ petition also sought for medical treatment to the persons, who were remanded after being beaten by the police in 3rd degree method.
12.When the matter was listed for hearing on 11.05.2011, this Court suomotu impleaded the District Collector, Madurai as 11th respondent and a direction was issued to the District Collector, to ascertain the injuries sustained by the villagers in the clash and also to see that proper treatment is given to the injured persons. Another direction was issued to the District Collector, to file a report on the next hearing i.e. on 19.05.2011.
13.The District Collector filed a report dated 18.05.2011 to this Court. The report of the Collector throws light on the incident and hence, the same is extracted in full.
From To
Thiru U.Sagayam, I.A.S., The Government
District Collector, Pleader,
Madurai Bench of Madras Madurai.
High Court,
Madurai-20.
Roc.No.C3/27810/2011 dated : 18.05.2011
Sir,
Sub:Law and Order - Madurai District - Thirumangalam Taluk
- Villoor Village - Clash between Adi-dravidars and Caste Hindus Agamudaiyars - Gun shot by Supdt. Of Police - To disperse the mob - on 01.05.2011 - filing of writ in W.P.(MD).No.56711/2011 - impleading of Collector as XI Respondent - Status report - Sent - Regarding.
Ref:The Madurai Bench of Madras High Court Order in MP.(MD).No.2/2011 in W.P.(MD).No.5611/2011 dt: 11.05.2011.
-------------
The Madurai Bench of Madras High Court in MP (MD).No.2/2011 in W.P.(MD).No.5611/2011 dt: 11.05.2011 has directed the District Collector, Madurai to ascertain the fact as to the injuries sustained by the villagers of Villoor in the clash on 30.04.2011 and 01.05.2011 and see that proper treatment is given to the injured person and to file a report as to the treatment given to the injured on the next date of hearing i.e., 19.05.2011.
The history of the case is as follows:
There was an incident of violence on 01.05.2011 in Villoor village of Thirumangalam Taluk following the arrest of five people belonging to Agamudaiyar community who intercepted and scolded at one Thangapandi, S/o.Guru of Adi- dravidar (Pallar community) for passing through the Killakku theru of said village riding his motor cycle on 30.04.2011 by 11.00 p.m. Subsequent to this, Thiru Thangapandi has filed a complaint in Villoor Police Station and a case was registered against five individuals in Cr.No.63/2011 u/s.14/341, 506(1) r/w.3(i)(c) and 3(1)(N) of SC & ST Act and also u/s.109 of IPC and the accused Sathiskumar, S/o.Ramar along with four others have been arrested. As a result of this, there has been a hostile atmosphere between the two communities and following cases have been registered in Villoor Police Station of Thirumangalam Taluk.
1)Cr.No.64/2011 u/s.147, 148, 452, 307 IPC r/w.3(1)(X) SC/ST
2)Cr.No.65/2011 u/s.147, 148, 452, 307 IPC r/w.3(1)(X) SC/ST
3)Cr.No.66/2011 u/s.147, 148, 452, 307 IPC r/w.3(1)(X) SC/ST
4)Cr.No.67/2011 u/s.147, 148, 452, 307 IPC r/w.3(i) of TNPPDL Act
5)Cr.No.68/2011 u/s.147, 148, 452, 307 IPC r/w.3(i) of TNPPDL Act
6)Cr.No.69/2011 u/s.147, 148, 452, 307 IPC
7)Cr.No.70/2011 u/s.147, 148, 452, 307 r/w.3(i) of TNPPDL Act
8)Cr.No.71/2011 u/s.147, 148, 452, 307 r/w.3(i) of TNPPDL Act It is said that when the Superintendent of Police visited the village again during night by 9.00 p.m. on 01.05.2011 around 500 people of both the sex belonging to Agamudaiyar community were said to have assembled and laid a siege in front of villoor police station with weapons like sickle, stones etc. On seeing the crowd, the Superintendent of Police seems to have asked the unlawful assembly to disperse but not heeding to his advice, they have resorted to assault the Police and Revenue Officials. In reply, Police is said to have resorted to lathi-charge and use of tear gas shells and the crowd has not dispersed even then. In the melee, few policemen of striking force have sustained minor injuries. Ambassador car bearing No.TN64 G 0110 of Superintendent of police and Tata Sumo bearing No.TN64 G 0147 of Deputy Superintendent of Police, Peraiyur, were damaged on pelting of stones by the mob. On seeing the mob, growing out of control, the Gunman of Superintendent of Police is said to have fired a shot in the air using his pistol as a warning.
Again on noticing the adamancy of mob and their pelting of stones towards the Police Station, the Superintendent of Police is believed to have fired a shot in the air using the gun of the policeman who was on guard the police station.
In this incident, the following people sustained injuries and were given treatment as noted against each.
Details of persons who sustained injury during the clash occurred on 01.05.2011 at Villoor village of Thirumangalam Taluk.
Sl.No Name of the Nature of Hospital where whether discharged whether the Remarks if any
injured injuries admitted or still treat-ment is
sustained and date undergoing proper andif
treatment not action taken
1. Palani, bullet injury Govt. still under proper treat- ----
S/o.Arumugam in the elbow Rajaji going treatment ment given
Villoor of left hand Hospital02.05.
2011
2 Kalimuthu bullet injury Govt. still proper ----
S/o.Periasamyon the thigh Rajaji undergoing treat-ment Villoor of right leg Hospital/ treatment given 02.05.2011 3 Babu injury in Govt. still proper ----
S/o.Periasamy left hand Rajaji undergoing treat-ment Villoor sustained Hospital/02.05. treatment given during lathi 2011 charge 4 AlexPandi injury Central still proper treat- ---- S/o.Pitchai sustained Prison undergoing ment given Villoor inright leg Madurai/02.05. treatment during lathi 2011 scharge 5 Sekar injury in Central still proper treat- ----
S/o.Pambaiyan fore-head Prison undergoing ment given
Villoor sustained Madurai/02.05. treatment
during -2011
lathi charge
6 Rajendran facial Central still proper treat- ----
S/o.Periasamy injury Prison undergoing ment given
Villoor sustained Madurai/02.05. treatment
during lathi -2011
charge
7 Muthaiah facial Central still proper treat- ----
S/o.Sundara injury Prison undergoing ment given
-moorthy, sustained Madurai/02.05.- treatment
Villoor during 2011
lathi
charge
8 Mahalingam injury in Central still proper treat ----
S/o.Thangavelboth hands Prison undergoing -ment given
Villoor sustained Madurai/02.05. treatment
during lathi -2011
charge
9 Sundarapandi injury in Central still proper treat ----
S/o.Periasamy hand and Prison undergoing -ment given
Villoor leg and back Madurai/02.05. treatment
sustained -2011
during lathi
charge
10 Sundarammal sustained Private Hospital after initial proper treat ------
W/o.Gurusamy injury in in sathur/ treatment in -ment given
Villoor forehead and -02.05. private hospital, elbow of both 2011 now undergoing hands further treatment in Govt.PHC, Villoor.
The Revenue Divisional Officer, Usilampatti met the following individuals undergoing treatment as inpatients in Govt. Rajaji Hospital, Madurai on 18.05.2011 in person. The Resident Medical Officer Incharge, Thiru Pragatheeswaran, was also present with Revenue Divisional Officer, Usilampatti.
1)Thiru Babu, S/o.Periasamy (aged 34) Villoor:-
He is undergoing treatment in Convict Ward No.111 for the injury (fracture) sustained in the left elbow during lathi-charge by police. He has sustained this injury on his way back from work as electrician. The bandage of plaster of paris is yet to be undone. The treatment is going on in proper manner.
2)Thiru Kalimuthu, S/o.Palanichamy (aged 17), Villoor:
He is undergoing treatment in Ward No.218 of Govt. Rajaji Hospital, Madurai, having sustained bullet injury on the thigh of right leg. The bullet has been removed by way of surgery on 11.05.2011. He is recovering fast. Proper treatment is being given.
3)Thiru Palani, S/o.Arumugam (age 30), Villoor:-
Having sustained bullet injury in the elbow of right hand on 02.05.2011 admitted in Govt. Rajaji Hospital, Madurai by 6.50 p.m. of the same day and underwent surgery on 03.05.2011. The forearm which was functionless is slowly returning to normalcy. Proper treatment is being given. All the above three are now in police custody. Apart from these three, enquiry was conducted in Villoor village with regard to any other individuals who sustained injury in the incident. During this time, one Sundarammal, W/o.Gurusamy (aged 33) came to notice. She has sustained injury in forehead and the elbow of both hands during lathi-charge resorted by police. She is undergoing treatment in Govt. Primary Health Centre, Villoor. In addition, six individuals as noted in Sl.No.4 to 9 are undergoing treatment in Central Prison, as Remand Prisoners. Local enquiry made in Villoor village by Revenue Divisional Officer, Usilampatti along with Tahsildar, Thirumangalam revealed that no other individuals than the above ten sustained injuries during the incident of violence occurred on 01.05.2011 in Villoor village of Thirumangalam Taluk.
A magisterial enquiry has been ordered in this office Roc.No.C3/27810/2011 dated:03.05.2011 to investigate the circumstances that led to the incident u/s.150(3) of Police Standing Order to be conducted by Revenue Divisional Officer, Usilampatti and completed in 30 days. A village level Peace Committee Meeting comprising the people of both communities was organized and conducted by the District Revenue Officer and Additional District Magistrate on 10.05.2011 at Taluk Office, Thirumangalam. The said meeting was attended by the following officials in addition to the public hailing from both communities:
1)Additional Superintendent of Police, Madurai.
2)Revenue Divisional Officer, Usilampatti
3)Tahsildar, Thirumangalam.
4)Dy. Superintendent of Police, Peraiyur
5)Dy. Superintendent of Police, Thirumangalam
6)Inspect, T.Kallupatti
7)Sub-Inspector of Police, Villoor
8)Zonal Dy.Tahsildar, Kallikudi
9)Revenue Inspector, Kallikudi
10)Village Administrative Officer, Villoor.
In the Peace Committee Meeting people hailing from both communities agreed to the following settlement and put up their signature in proof of their concurrence.
1.No further arrests other than those named as accused should be resorted to.
2.All those who have left the village may return to lead a life of normalcy.
3.A separate pathway leading to Adi-dravidar burial ground is to be formed.
4.All the people of the village without discrimination on the basis of community may use all the streets in the village riding two wheelers.
5.All the participants in the meeting expressed their concurrence not to observe untouchability in any manner in future.
As a result of the above measures taken by Government machinery life in the village is normal as of now.
I request that a draft counter affidavit in the nature of status report may kindly be prepared for filing on 19.05.2011 in Madurai Bench of Madras High Court.
yours faithfully, Sd/-
Collector, Madurai.
14.This Court monitored the case by listing the same periodically and various orders were passed directing the authorities to file reports. Accordingly, the Deputy Superintendent of Police, the 7th respondent filed an affidavit dated 06.07.2011 about the stage of investigation of the cases. The affidavit is also extracted hereunder:
"I am the 7th respondent herein and I am well acquainted with the facts of the cases.
2.It is humbly submitted that on 01.05.2011 the sowed occurrence had happened at Villur village and eight criminal cases were registered in that connection viz., 1.Villur Police Station Cr.No.64/2011 u/s 147,148,452,307 IPC and 3(1) (v) and 3(1)(x) SC/ST (PA) Act, 1989, 2) Villur Police Station Cr.No.65/2011 u/s 147,148,452,307 IPC and 3(1) (v) and 3(1)(x) SC/ST (PA) Act, 1989, 3. Villur Police station Cr.No.66/2011 u/s 147,148,452,307 IPC and and 3(1) (v) and 3(1)(x) SC/ST (PA) Act, 1989, 4.Villur Police station Cr.No.67/2011 u/s 147,148, 307 IPC and 3(1) of TNPPDL Act, 5.Villur Police Station Cr.No.68/2011 u/s 147,148, 307 IPC and 3(1) of TNPPDL Act, 6. Cr.No.69/2011 u/s 147,148, 332, 307 IPC 7.Villur Police Station Cr.No.70/2011 u/s 147,148,332,307 IPC and 3(1) of TNPPDL Act and 8.Villur Police Station Cr.No.71/2011 u/s 147,148,332,307 IPC and 3(1) of TNPPDL Act and 3(1)(v) and 3(1)(x) SC/ST (PA) Act, 1989. Out of eight cases, three cases in Cr.Nos.64.2011, 65.2011m, 66/2011 have been charged and are pending trial before the Court of Judicial Magistrate, Thirumangalam in P.R.C.Nos.14.2011, 15.2011, 16.2011 respectively. The remaining five cases are under investigation.
3) It is humbly submitted that, during the course of investigation it was ascertained that one hundred and eighty two persons have been involved in the offences registered in the above said cases. Out of them seventy one accused were arrested and remanded to judicial custody. All the accused were given treatment at Government hospitals before they were remanded to judicial custody.
4) It is humbly submitted that, in order to bring normalcy peace committee meeting was held on 10.05.2011 in the presence of the District Revenue Officer, Revenue Divisional Officer, Usilampatty and Additional Superintendent of Police, Madurai District and Deputy Superintendent of Police, Peraiyur Sub-
Division. All efforts are still going on to restore normalcy at Villur Village. Magisterial enquiry is being conducted by Revenue Divisional Officer, Usilampatty.
5.It is humbly submitted that all the arrested accused were released on bail as per orders of the Hon'ble Court. Police pickets are posted to prevent any untoward incident in the village.
I am filing this affidavit before this Hon'ble Court to apprise about the present status in the case."
15.This Court also directed the Revenue Divisional Officer, Usilampatty, to file his report. The Revenue Divisional Officer, Usilampatty, who conducted a magisterial enquiry on the firing incident that took place on 01.05.2011 has filed his report dated 16.09.2011 and the same is extracted hereunder:
"tpy;Yhh; fpuhkj;jpy; 01.05.2011e; Bjjp eilbgw;w fhty;Jiw Jg;ghf;fp R{L rk;ge;jkhf crpyk;gl;o tUtha; Bfhl;lhl;rpahpd; tprhuiz mwpf;if (RUf;fk;) kJiu khtl;lk; jpUkA;fyk; tl;lk; tpy;Yhh; fpuhkj;jpy; 30.04.2011 md;W nut[ Rkhh; 11.00 kzp mstpy; Mjpjpuhtplh; gs;sd; tFg;igr; Brh;e;j FU vd;gth; kfd; jA;fg;ghz;o vd;gth; fpHf;F bjUtpd; tHpahf Bkhl;lhh; irf;fps; thfdk; Kyk; fle;J brd;wij mfKilahh; rKfj;ijr; Brh;e;j uhkh; kfd; rjP&;Fkhh; kw;Wk; ehd;F egh;fs; tHpkwpj;J jfhj thh;j;ijfspy; jpl;oa[s;sdh;. njd;tpisthf ghjpf;fg;gl;l jpU.jA;fghz;oad;, tpy;Yhh; fhty;epiyaj;jpy; g[fhh; bra;Js;shh;. njidj; bjhlh;e;J mth; g[fhhpy; bjhptpj;Js;s 5 egh;fs; kPJk; tHf;Fg; gjpt[ bra;ag;gl;L 01.05.2011 Mk; Bjjp ifJ bra;J hpkhz;l; bra;ag;gl;ldh;. njidj; bjhlh;e;J nU tFg;gpdUf;FkpilBa gfik czh;t[ nUe;Js;sJ. 01.05.2011 Mk; Bjjp nut[ 9.00 kzpastpy; mfKilahh; ndj;jth;fs; Mj;jpukile;J tpy;Yhh; fhspak;kd; Bfhtpy; Kd;g[ Mz;fSk; bgz;fSkhf Rkhh; 500 Bgh; Toa[s;sdh;. mfKilahh; ndj;jth;fs; fy;, fk;g[, fj;jp Mfpa Ma[jA;fSld; MBtrkhf jhH;j;jg;gl;l ndj;ijr; Brh;e;jth;fspd; tPl;il moj;J behWf;fp tpl;L mf;Tl;lk; tpy;Yhh; fhty;epiyaj;ij Behf;fpr; brd;W fhty;epiyaj;ija[k; mA;fpUe;j mjpfhhpfisa[k; jhf;f Kw;gl;ldh;. fytuk; fl;Lf;flA;fhky; BghfBt mjpfhhpfis fhg;ghw;Wk; bghUl;Lk; ghJfhg;g[ eyd; fUjpa[k; jpUkA;fyk; tl;lhl;rpahpd; cj;jutpd; Bghpy; khtl;l fhty; fz;fhzpg;ghsh; thdj;ij Behf;fpa[k;, Tl;lj;ij Behf;fpa[k; Jg;ghf;fp R{L elj;jpa[s;shh; Jg;ghf;fp gpuBahfk; bra;jt[ld; Tl;lk; ehyhg[[wKk; Xoa[s;sJ. Jg;ghf;fp R{l;oy; bghJkf;fs; nUtUf;F fhak; Vw;gl;Ls;sJ.
Bkw;go Jg;ghf;fp R{L elj;jpaJ bjhlh;ghf. kJiu khtl;l Ml;rpahpd; bray; Mizfs; e.f.vz;.rp3/27810/2011, ehs;.03.05.2011_e; Bjjpa cj;jutpy; fhty;epiya Miz vz; (Police Standing Order No.150(3) d; fPH; tpy;Yhh; fpuhkj;jpy;; eilbgw;w Jg;ghf;fp R{L rk;ge;jkhf tptuk; bjhpe;jth;fs; M$uhfp thf;FKyk; mspf;fyhk; vd jpdrhp gj;jphpf;iffspy; bra;jp btspalg;gl;lJ. tpy;Yhh; fpuhkj;jpy;; ele;j Jg;ghf;fp R{L rk;ge;jkhf Mjpjpuhtplh; ndj;ijr; Brh;e;j 11 egh;fsplKk;, mfKilahh; ndj;ijr; Brh;e;j 10 egh;fsplKk;, bghJkf;fs; 12 egh;fsplKk;, muR mYtyh;fs; 17 egh;fsplKk; tprhuiz bra;ag;gl;lJ. PPolice Standing Order No.150(3) d; fPH; tprhuiz bra;J tphpthd tprhuiz mwpf;if muRf;F mDg;gp itf;f 7.9.2011 e;Bjjp khtl';l Ml;rpah; mth;fSf;F mDg;gp itf;fg;gl;Ls;sJ.
jw;bghGJ tpy;Yhh; fpuhkj;jpy; epiyik fl;Lf;Fs; cs;sJ. tpy;Yhh; fpuhkj;jpy; ghJfhg;g[ Vw;ghLfs; fhty;Jiwapduhy; bra;ag;gl;Ls;sJ. Mjpjpuhtplh; kw;Wk; mfKilahh; ndj;jth;fspilBa vt;tpj gpur;rida[k; ny;yhky; RKf cwt[ epyt[fpwJ."
16.While so, the 5th respondent resolved the issue amicably and the peace committee meetings were held on various occasions. In the peace committee meeting held on 24.04.2012, it was resolved by both parties and more particularly, the dominant community agreed not to practice untouchability in different forms, that is in existence for Centuries in the village.
17.The 6th respondent, Mr.Asra Karg, the Superintendent of Police, Madurai District has filed a status report dated 26.04.2012 and also requested to accept the same and to pass an order accordingly.
18.The learned Additional Advocate General representing the respondent State also submitted that the State took all efforts for peaceful resolution of the issue and due to its efforts, peace committee meetings were held and ultimately, resolutions were passed in the meeting held on 24.04.2012, wherein, both parties have signed in the presence of the police including the 6th respondent and revenue officials. The learned Additional Advocate General prays for disposing the writ petition recording the report of the peace committee meeting.
19.The learned Additional Advocate General also fairly submitted that the victims belonging to Scheduled Caste will be identified by the District Administration viz., District Collector and Superintendent of Police, and statutory compensation will be disbursed to them, in accordance with Rule 12(4) of the Act read with annexure 1 and 2 of the Act, if it is not already disbursed.
20.The learned counsel for the petitioner and the learned counsel for the 12th respondent, TUEF also submitted that the writ petition could be disposed of based on the peace committee report, since peace was restored and resolutions were passed in the peace committee meeting agreeing not to practice any form of untouchability. The efforts taken by the 11th and 6th respondents namely, the District Collector and the Superintendent of Police, Madurai, in resolving the dispute were appreciated by all the parties concerned and the same is recorded. The peace committee report is extracted hereunder:
"nd;W 24.04.2012-e; Bjjpad;W kJiu khtl;l fhty;Jiw mYtyfj;jpy; itj;J ele;j rkhjhd Tl;lj;jpy; kJiu khtl;lk; jpUkA;fyk; jhYfh tpy;Yhh; fpuhkj;jpy; trpf;Fk; rhjp ne;Jf;fs; kw;Wk; Mjpjpuhtplh; ndj;jth;fs; fye;J bfhz;L nt;tpUjug;gpdh;fs; kj;jpapy; epytp te;j rhjpa gpur;ridfs; kw;Wk; gpw mrhjhuz R{Hy;fis fiya mikjp Bgr;R elj;jp mjpy; RKfkhd jPh;t[ vl;lg;gl;L mjd;gpufhuk; nUjug;gpdh;fs; nilBa Vw;gl;l cld;gof;ifapy; vLf;fg;gl;l jPh;khdA;fs;:-
jiyik:- jpU M!;uh fhh;f;, I.P.S.,
fhty; fz;fhzpg;ghsh;,
kJiu khtl;lk;.
Kd;dpiy:- 1) jpU. M.kapy;thfzd;,
TLjy; fhty; fz;fhzpg;ghsh;,
Fw;wk;, kJiu khtl;lk;.
2) jpU. rf;jpBty;
fhty; Jizf;fz;fhzpg;ghsh;,
Bgiua{h; cl;Bfhl;lk;,
kJiu khtl;lk;.
3) jpU.ghjKj;J
fhty; Ma;thsh;,
T.fy;Yg;gl;o.
4) jpU.Bty;KUfd;,
fhty; Ma;thsh;,
jdpg;gphpt[, kJiu khtl;lk;.
fye;Jbfhz;lth;fs;:- tpy;Yhh; fpuhkj;jpy; trpf;Fk; rhjp ne;Jf;fs; kw;Wk; Mjpjpuhtplh; Mfpa nU rKfj;ijr; Brh;e;j fPBH ifbahg;gkpl;Ls;sth;fs;
mikjp Tl;lk; cld;gof;ifapy; vLf;fg;gl;l jPh;khdA;fs;:-
1) ndptUA;fhyj;jpy; tpy;Yhh; fpuhkj;jpy; trpf;Fk; rhjp ne;Jf;fs; kw;Wk;
Mjpjpuhtplh; Mfpa nU rKfj;jpdh;fSk; jA;fSf;Fs; epytp te;j Ke;ija gpur;ridfis kdjpy; bfhs;shky; kwe;J midtUk; xBurhuh; vd;gij cWjpgLj;Jk; bghUl;L nUjug;gpdh;fSk; rBfhjuj;jd;ika[ld; gHf Btz;Lk;.
2) tpy;Yhh; fpuhkj;jpy; jPz;lhik vd;gJ ve;j xU tpjj;jpYk; epfHh tz;zk; ghh;j;Jf;bfhs;sBtz;Lk;.
3) tpy;Yhh; fpuhkj;jpy; trpf;Fk; Mjpjpuhtplh; ndj;jth;fs; tpy;Yhh; fpuhkj;jpy; cs;s midj;J bjUf;fspYk;, rhiyfspYk; mr;rk; nd;wpa[k;, rfrkhft[k;, Rje;jpukhft[k; ele;Bjh, nU rf;fu thfdj;jpByh, bghpa thfdA;fspByh te;J, brd;W bfhs;tJ vd;Wk;, njid rhjp ne;Jf;fs; ve;j R{HypYk; jLf;fBth, vjph;g;g[ bjhptpf;fBth TlhJ vd;Wk;, BkYk; thfdA;fspy; bry;Yk; BghJ bghJkf;fSf;F nila{W nd;wp brd;WtuBtz;Lk;.
4) tpy;Yhh; fpuhkj;jpy; cs;s czt[ tpLjpfs;, O filfs;, gyruf;F filfs;, g!; !;lhg;g[ kw;Wk; bghJ nlA;fspy; Mjpjpuhtplh; ndj;jth;fis midtUf;Fk; chpa Kiwapy; ghFghL nd;wp elj;jg;glBtz;Lk;.
5) Mjpjpuhtplh; ndj;jth;fis fpuhk bghJ Btiy kw;Wk; jdpg;gl;l egh;fSf;fhd mth;fSf;F tpUg;gk; ny;yhj BtiyfisBah, gpw nHpthd BtiyfisBah, Ch; bjhz;LHpa BtiyfisBah fl;lhag;gLj;jp bra;a itf;f TlhJ. BkYk; tpUg;gg;gl;l fpuhk bghJ Btiyfis bra;a Kd;tUk; Mjpjpuhtplh; rKfj;ijr;Brh;e;j egh;fis kw;w Mjpjpuhtplh; ndj;jth;fs; ahUk; jLj;jy; TlhJ.
6) tpy;Yhh; fpuhkj;jpy; trpf;Fk; rhjp ne;Jf;fs; jA;fSf;bfd;W xU fkpl;oia Vw;gLj;jpf;bfhz;L mjd; Kykhf fpuhkj;jpy; trpf;Fk; ve;j rKfj;ijr;Brh;e;j bghJkf;fs; ahiua[k; kw;Wk; jdpg;gl;l egh;fisa[k; jd;dpr;irahf jz;og;gBjh, mguhjk; tpjpg;gBjh kw;Wk; fl;LghLfs; vd;w gpw eilKiwfis gpd;gw;wBth TlhJ.
7) tpy;Yhh; fpuhk bghJ epfHr;rpfspy; Mjpjpuhtplh; ndj;jth;fs; tUifje;J fye;Jbfhz;lhy; my;yJ fye;Jbfhs;tjw;F te;jhy; mjw;F rhjp ne;Jf;fs; vt;tpj vjph;g;iga[k;, kWg;iga[k; btspg;gLj;jBth, bjhptpf;fBth TlhJ.
8) tpy;Yhh; fpuhkj;jpy; cs;s Bfhtpy;fspy; rhkp Fk;gpLtJ, kFik bgWtJ Bghd;wtw;wpy; mtuth; tpUg;gj;jpw;F Vw;wthW ele;Jbfhs;sBtz;Lk;. ahiua[k; ve;j rKfj;jpdUk; fl;lhag;gLj;jy; TlhJ. ahh; Btz;LkhdhYk; mth;fsJ tpUg;gj;jpw;F Vw;whw;Bghy; rhkp Fk;gpl;Lf;bfhs;syhk;.
9) Mjpjpuhtplh; ndj;jth;fSf;bfd;W mth;fsJ fhydp gFjpapypUe;J fs;spf;Fo-o- fy;Yg;gl;o Buhl;ow;F tu cj;Bjrpf;fg;gl;L eilKiwgLj;jg;glBtz;oa nizg;g[ rhiyapd; gzpfis tpy;Yhh; fpuhk Cuhl;rp kd;w jiyth; Jhpjg;gLj;jp tpiuthf mikj;Jf;bfhLf;fg;glBtz;Lk;.
10) g[jpjhf Mjpjpuhtplh;fSf;F muR xJf;fp cs;s kahd nlk; rk;ge;jkhf muR Bkw;bfhs;Sk; eltof;iff;F nUjug;gpdh;fSk; fl;Lg;gl;L ele;Jbfhs;sBtz;Lk;.
11) tpy;Yhh; fpuhkj;jpy; cs;s fz;kha; guhkhpg;g[ rk;ge;jkhf Vw;gLfpd;w bryt[fis fz;khia gad;gLj;Jfpd;wth;fs; midtUk; mr;bryit Vw;Wf;bfhs;sBtz;Lk;.
12) tpy;Yhh; fpuhkj;jpy; Ch; fhhpaA;fs; bra;gth;fSf;F kl;LBk mth;fSf;Fhpa khpahij tHA;fg;glBtz;Lk;.
13) Mjpjpuhtplh; ndj;jth;fSk; mikjp Bgr;R cld;gof;ifapd;go ele;Jbfhs;sg;glBtz;Lk;. BkYk; rpW rpW gpur;idfis Tl kpifg;gLj;Jjy; TlhJ. BkYk; Mjpjpuhtplh; ndj;jth;fspy; xU rpyh; jA;fspd; Ra eyDf;fhf jA;fs; rKfj;jpdh;fis Jhz;otpl;L Chpy; mikjp FiHt[ Vw;gLj;j Kaw;rpf;Fk; egh;fis me;j rKfj;ijr;rhh;e;jth;fis ndk; fz;L mth;fBs Kd;dpd;W fhty;Jiwapd; Kyk; eltof;if Bkw;bfhs;sg;glBtz;Lk;.
14) ndptUA;fhyj;jpy; nUjug;gpdh;fSk; ne;j mikjp Tl;;lj;jpy; vl;lg;gl;l cld;gof;ifapd;go RKfkhf jPa vz;zA;fs; nd;wp mikjpa[ld; thH tHp tif Vw;gLj;Jk; tz;zKk;, Kd; gifik czh;t[fis Jsph;tplhky; nUf;Fk; tz;zKk;, fle;j 01.05.2011-e; Bjjpad;W tpy;Yhh; fpuhkj;jpy; eilbgw;w rl;lk; kw;Wk; xGA;F gpur;ridfspd;BghJ Vw;gl;l rk;gtA;fs; Fwpj;J gjpt[bra;ag;gl;Ls;s Fw;w tHf;Ffisa[k; mjw;F gpd;dh; gjpt[bra;ag;gl;Ls;s Fw;w tHf;Ffisa[k; kw;Wk; ePjpkd;wA;fspy; jhf;fy; bra;Js;s jdpg;gl;l tHf;Ffisa[k; nUjug;gpdh;fSk; fhty;Jiwapdh;fs; Kykhf KiwaPLfs; bra;J jA;fs; jug;g[ tHf;Ffs; kw;Wk; kDf;fisa[k; thg!; bgw;Wf;bfhs;sg;glBtz;Lk;.
15) ndptUA;fhyj;jpy; tpy;Yhh; fpuhkj;jpy; bghJ kf;fs; kj;jpapByh my;yJ nisqh;fs; kj;jpapByh my;yJ gpw rA;fjpfspdhByh Vw;gLk; rpW rpW gpur;ridfis Tl cz;zpg;ghf mwpe;J mjid nUjug;igr;Brh;e;j bghpath;fs; Kd;dpd;W fhty;Jiwapdh;fSf;F bjhptpj;J rl;l hPjpahd eltof;iffspd;go mg;gpur;ridfSf;F jPh;t[ fz;Lbfhs;sg;glBtz;Lk;.
16) ndptUA;fhyj;jpy; nUjug;gpdh;fSk; gu!;gukhft[k; xw;Wika[lDk; nUe;J bray;gl;L, Chpy; epue;ju mikjpapid Vw;gLj;j KGikahd eltof;iffis Bkw;bfhs;sg;gl Btz;Lk;. BkYk; ve;j epiyapYk; kw;Wk; R{HypYk; jPz;lhik vd;w bfhoa muf;fid bghJ kf;fs; kj;jpapy; vHtplhky; jLg;gJld; nUjug;gpdh;fSk; Kd;dpd;W ne;j jPz;lhik Fw;wA;fs; epfHhky; nUf;f nize;J BghuhlBtz;Lk;. nUjug;gpdh;fSk; rkj;jtkhft[k;, rBfhjujd;ikapYk;, xw;Wika[lDk; nize;J bray;gl;L tpy;Yhh; fpuhkk; epue;jukhf mikjp epyt[k; fpuhkk; vd;gjpid mg;gFjpapy; Kd;dpUj;jp fhl;lg;gl Btz;Lk;."
21.The status report of the 6th respondent referred to earlier in para 17 of this order is also extracted hereunder:
I, Asra Garg, IPS, S/o Prof. Amarjit Garg, aged about 31 years, Hindu, Superintendent of Police, Madurai District do hereby solemnly affirm and sincerely state as follows:
1. I humbly submit that I am the 5 th respondent herein and file the status report regarding caste problem between Scheduled Caste and Thevar Community people in Villur village in Madurai district.
2. It is brought to the kind notice of the Hon'ble High Court that Villur is a village in Villur Police Station of T.Kallupatti Circle which is inhabited by Agamudiars and Dalits with the former being in majority. From times immemorial some forms of untouchability are existing in this village. For example, Dalits have to pull the vehicle if they want to cross Agamudiars' inhabited streets, they cannot drive their vehicles; double tumbler system is followed in tea shops; Dalits cannot sit on the benches in Agamudiars run eateries for eating etc.,
3. On 30.04.2011 at around 11.15 PM, one Thangapandi (22/11) S/o Guru (SC/PL) was assaulted by the Caste Hindus (Agamudaiyars) when he tried to go through the latter's street, riding his two wheeler. The Caste Hindus also seized his two wheeler. Based on the complaint of Thangapandi, a case was registered in Villur PS Cr.No. 63/2011 u/s 147,341,506(i) IPC r/w 3(1)(v) and 3(1)(x) SC/ST Act and Section 109 IPC on 01.05.2011. Five accused were arrested on 01.05.2011.
4. Since the matter seemed to be a serious one involving untouchability, I visited the village in the afternoon on 1.5.2011 in order to assess the actual situation. After I left, a few Dalit houses were damaged by a big mob of Agamudiar community people. A few Police officers and men and SP's Striking Force stopped them from further attacking the Dalits which otherwise would have resulted in a major communal riot.
5. On hearing about this, again I returned to the village. While I was approaching the area with a few policemen, suddenly another crowd armed with weapons viz., aruval, swords and stones started attacking us. Because of being outnumbered, we retreated back to the Villur Police Station.
6. Finally they surrounded the Police Station and attacked it. Because all other legal steps taken by us did not yield any result, in order to protect our lives and the police station, myself and my PSO fired a few ammunition rounds after which the miscreants ranaway. The following FIRs were registered for the above mentioned incidents:
1. Cr.No.64/2011 u/s 147,148,452,307 IPC r/w 3(1) (x) SC/ST (Damage of Dalit house)
2. Cr.No.65/2011 u/s 147,148,452,307 IPC r/w 3(1)(x) SC/ST (Damage of Dalit house)
3. Cr.No.66/2011 u/s 147,148,452,307 IPC r/w 3(1)(x) SC/ST (Damage of Dalit house)
4. Cr.No.67/2011 u/s 147,148,452,307 IPC r/w 3(i) of TNPPDL Act (Damage of SP's official car)
5. Cr.No.68/2011 u/s 147,148,452,307 IPC r/w 3(i) of TNPPDL Act (Damage of DSP's official vehicle)
6. Cr.No.69/2011 u/s 147,148,332,307 IPC (Attack on picket)
7. Cr.No.70/2011 u/s 147,148,332,307 IPC r/w 3(i) of TNPPDL Act (Attack on Police Station)
8. Cr.No.71/2011 u/s 147,148,332,307 IPC r/w 3(i) of TNPPDL Act (Firing case)
7. Recently, in order to make a fresh attempt to bring about peace between both the warring groups, leaders from both the communities were engaged and involved in peace process. Both the sides were advised to iron out their differences to make lasting peace. Final round of discussion was held on 24.04.2012 in District Police Office, Madurai and the following decisions were taken by both the communities as detailed below:
1. Both the sides shall iron out the indifferences and to live peacefully hereafter.
2. That there should not be any form of untouchability in the village.
3. That Caste Hindus shall not oppose the movement of SC community people in the Caste Hindus' streets either by walk or by vehicles.
4. That the Caste Hindus shall not discriminate against the SC community people in eateries, tea shops etc.
5. That nobody in the village from the SC community should be forced to menial job. At the same time the SC community people also should not stop any person willingly assisting the Caste Hindus.
6. That the Caste Hindus shall not, by forming any sort of committee, punish or impose fine on anybody else.
7. Connecting road from the SC colony to the main village shall be constructed.
8. Both the communities will take efforts to withdraw cases and petitions filed in the Court as per due procedure of law.
9. Caste Hindus shall not oppose the participation of SCs in any festival or public event.
10. The village tank shall be maintained by the contribution from users of both the sides.
11. SC community people shall also ensure that they shall not exaggerate any small personal or trivial issue as if it is a communal issue. They shall also ensure that if any such anti-social element indulges in magnifying trivial issues and disturbs communal harmony, they shall themselves hand him over to the police.
8. It is therefore humbly submitted that this Status Report may kindly be accepted and pass any such order this Hon'ble Court may deem fit and just in the interest of Justice."
22.In view of the submissions made by all the parties, the writ petition is disposed of recording the peace committee report and the status report filed by the 6th respondent. The peace committee report dated 24.04.2012 and the status report dated 26.04.2012 of the 56th respondent shall form part of this order. The District Administration viz., 6th and 11th respondents, the Superintendent of Police and the District Collector respectively are directed to identify the victims belonging to the scheduled caste for providing compensation under SC/ST Act, as submitted by the learned Additional Advocate General and to disburse the compensation to the victims, if already not disbursed.
23.The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.
ARUL To
1.The Home Secretary, St. George Fort, Chennai - 600 009.
2.The Director General of Police, Chennai - 4.
3.The Additional Director General of Police, (L & O) Chennai - 4.
4.The Inspector General of Police (In-charge) Commissioner, Madurai.
5.The Superintendent of Police, Madurai District, Madurai.
6.The Deputy Superintendent of Police, Peraiyur Sub Division at Peraiyur, Madurai District.
7.Mr.Anwarsha, The Deputy Superintendent of Police, Peraiyur Sub division at Peraiyur, Madurai District.
8.The Inspector of Police, Circle at T.Kallupatti, Madurai District.
9.The Sub Inspector of Police, Villur, Kallikudi (via) Thirumangalam Taluk, Madurai District.
10.The District Collector, Madurai.