Madras High Court
Palaniammal vs The District Collector on 11 September, 2015
Bench: R.Sudhakar, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
and
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Writ Petition (MD) No.16805 of 2013
& M.P.(MD) Nos.1 to 3 of 2013 and 1 of 2014
Palaniammal ... Petitioner
Vs.
1.The District Collector,
Dindigul.
2.The Superintendent of Police,
O/o.The Superintendent of Police,
Dindigul.
3.The Deputy Superintendent of Police,
O/o. The Deputy Superintendent of Police,
Nilakottai,
Dindigul.
4.The Inspector of Police,
Nilakottai Police Station,
Dindigul District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to make
an immediate spot visit to the atrocity prone Nadupatti Colony of Kariampatti
Village, Dindigul District and to file an action taken report (Sec. 6 of
SC/ST Rules 1995); to appoint a Special Officer to provide immediate relief
and compensation to the victims and to set up a permanent police outpost at
Nadupatti Colony (Sec. 10 and 15 of SC/ST Rules 1995); to identify and impose
collective fine on the caste hindus, who lead the atrocities (Sec. 16 of
SC/ST Act 1989); and to declare Nadupatti Arunthathiar Colony, an atrocity
prone area as per Section 17 of SC/ST Act, 1989, for relief and reformation
by taking into account of the petitioner's representation, dated 23.09.2013.
!For Petitioner : No Appearance
For Respondents : Mr.N.Manoharan
Special Government Pleader
:ORDER
(Order of the Court was made by V.M.VELUMANI, J.,) The petitioner has come forward with this writ petition, seeking a direction to the respondents 1 and 2 to make an immediate spot visit to the atrocity prone Nadupatti Colony of Kariampatti Village, Dindigul District and to file an action taken report (Sec. 6 of SC/ST Rules 1995); to appoint a Special Officer to provide immediate relief and compensation to the victims and to set up a permanent police outpost at Nadupatti Colony (Sec. 10 and 15 of SC/ST Rules 1995); to identify and impose collective fine on the caste Hindus, who lead the atrocities (Sec. 16 of SC/ST Act 1989); and to declare Nadupatti Arunthathiar Colony, an atrocity prone area as per Section 17 of SC/ST Act, 1989, for relief and reformation by taking into account of the petitioner's representation, dated 23.09.2013.
2. The petitioner belongs to Schedule Caste Arunthathiar Community. There are 500 Arunthathiar families and 1500 caste Hindus residing at Nadupatti. The Arunthathiar Community used to celebrate Kaliamman festival every year, particularly in the month of June in the Colony. In order to decorate Village Deity and to do other rituals, they were passing through the usual common route. They were wearing banians with the portrait of Ondiveeran, an Arunthathiar Icon. At that time, the caste Hindus attacked them to remove the banian. The next day, the caste Hindus forced the petitioner's son and others to remove the banians and wipe their feet.
3. The petitioner gave a complaint to the fourth respondent and the same was registered in Crime No.137 of 2013 on 21.07.2013, but no further action was taken. The caste Hindus have been continuously humiliating and intimidating them. They pelted stones and broken their houses. No compensation was given to them as per Scheduled Caste and Scheduled Tribe [Prevention of Atrocities] Act, 1989. Another complaint was also registered on 23.07.2013 by the fourth respondent, in Crime No.140 of 2013, but no further action was taken. In the circumstances, the petitioner has come out with the present writ petition for the relief stated supra.
4. The respondents filed their counter affidavit.
5. As per order of this Court, dated 20.12.2013, the first respondent inspected the site on 24.12.2013 and filed an affidavit. He has given details of various work done for Nadupatty Colony People and has given the details of compensation paid to the affected Arunthathiar Colony People, wherein it has been stated as follows:
?As per the requests submitted by the Dalits during the spot inspections on various dates, the following development works are under progress for Nadupatty Colony peoples:
1. Rs.92,500/- was granted to the affected 31 persons of Nadupatti Colony whose huts were damaged on 24.11.2013 from the Collector's discretionary fund with 10 KG rice and free sarees and dhoties as immediate relief.
2. Rs.1.65 lakhs was given to the 8 affected persons as per the recommendations of the Superintendent of Police, Dindigul, under Adi Dravidar and Tribal Welfare Victim Relief Fund Rules 1995.
3. Rs.1,000/- per month as Old Age pension to 21 Hindu Arunthathiar each amounting to Rs.21,000/- has been granted as per their requests.
4. Patta copies were given to 6 houses which were burnt in the incident on 24.11.2013.
5. As per Collector's request Rs.11,75,000/- was sanctioned by the Director of Adi Dravidar and Tribal Welfare Department, Chennai and the amount was disbursed by the District Collector to the Block Development Officer, Nilakottai, to carry out the development works in Nadupatty Colony.
As ordered by the District Collector, Dindigul, development works are under progress in Nadupatty Colony by Nilakottai Panchayat Union as follows:
Sl.
No. Financial Year Scheme Name Work Name Administr-ative Sanction Amount Work Status 1 2013-14 Union General Fund Construction of Women toilet (10 Nos.) with Electricity and Water facilities 5,00,000 Septic tank completed and cover slab in progress.2
2013-14 Panchayat General Fund Replace of pipeline work from Kariampatti South Street Bore well to Kaliamman Koil OHT 1,50,000 Work in progress 3 2013-14 Panchayat General Fund Repairs to Nadupatti small culvert 35,000 Work in progress 4 2013-14 Panchayat General Fund CC Pavement from Karuppanan house Packiaraj house at Nadupatti 1,00,000 1:4:8 completed 5 2013-14 Panchayat General Fund CC Pavement from Temporary PD Shop Street at Nadupatti 96,000 1:4:8 completed 6 2013-14 Panchayat General Fund CC Pavement from Middle Street of Temporary PD Shop Street and Packiaraj House Street at Nadupatti 1,00,000 1:4:8 completed 7 2013-14 BRGF CC Pavement around the AD Colony Kaliamman Koil 2,03,000 Completed 8 2013-14 Green Housing Scheme Construction of Chief Minister Solar Power Green house 1,80,000 Roof level 9 2013-14 RBMRS Repairs to the Community Centre at Nadupatti 33,000 Work in progress 10 2013-14 Adi Dravidar Welfare fund Construction of 6 Nos. of Group houses 3,00,000 4 Nos. Plastering 2 Nos. Basement stage 11 2013-14 Adi Dravidar Welfare fund Repairs of 25 Nos. of Tiled Roof Houses 8,75,000 8 Nos. tiles laying work completed. 17 Nos. of Tiles laying work in progress.
Total 25,72,000 He has given the details of development works under progress in Nadupatty Colony by Nilakottai Panchayat Union. He has further stated that the situation is under quite normal. The orders under Sections 144(1) and 144(2) of Cr.P.C. are invoked upto 31.12.2013. The situation is under close watch and the District Administration is also taking necessary steps to maintain normalcy in the concerned Villages with the co-operation of the Police Department in future. The District Administration acted promptly in handling the law and order situation and taken effective steps to avoid this situation in future.
6. The second respondent filed a counter affidavit stating that he ordered more police force to Nilakottai and under the supervision of the third respondent, three Inspectors of Police and 90 other police personnels are monitoring Kariampatti Village and Nadupatty Colony round the clock. He visited Kariampatti Village and Nadupatty Colony and heard the grievances/representations of SC/Arunthathiar Community People. He ensured their safety and security to their lives and properties and he is frequently visiting Nadupatty hamlet in Kariampatti Village. He has stated that the incident occurred due to the instigation of outsiders and all the people of the Village are living harmoniously for so many years.
7. With regard to the objection raised for wearing of T-shirts with the picture of Ondiveeran, a case in Crime No.137/2013 was registered for the offences punishable under Sections 341, 294(b), 324, 506(ii) IPC and Section 3(1)(x) of Scheduled Caste and Scheduled Tribe [Prevention of Atrocities] Act, 1989 and final report was also filed in PRC.No.52/2013 before the learned Judicial Magistrate, Nilakottai, on 02.12.2013. Similarly, another case was also registered in Crime No.140 of 2013 on the file of Nilakottai Police Station, for the offences punishable under Sections 147, 148, 336, 324 and 307 IPC and Section 3(1)(x) of SC/ST (POA) Act, 1989 r/w. Section 3(1) of TNPPDL Act, 1992.
8. The second respondent denied the allegation that the fourth respondent is supporting caste Hindus. The second respondent stated that the fourth respondent requested the Tahsildar, Nilakottai, to conduct a peace committee meeting on 24.07.2013. The representatives of both the communities participated and agreed to maintain peace. Again, the issues cropped up and the Revenue Divisional Officer, Dindigul, initiated proceedings under Section 107 Cr.P.C., against both the parties on 22.08.2013.
9. The respondents have taken various preventive measures and are closely monitoring the communal situation and developments in Kariampatti Village and one Deputy Superintendent of Police, three Inspectors of Police, 90 Police Personnels have been deployed and 6 CCTV cameras have been installed in the Village to ensure necessary protection to the lives and properties of the petitioner and her community people round the clock. Various development projects, compensation details and various action taken to prevent the communal clashes, were furnished. On the complaints lodged by both the parties, 13 cases were registered and they are under investigation.
10. The third respondent in his counter affidavit stated that various steps were taken by them to prevent the communal clashes as well as to protect the life and properties of Arunthathiars and others. The respondents have also stated that the Arunthathiar community people are living in the Village peacefully and they are working in MGNREGS Scheme and they are receiving payments. Compensation amounts were paid for the damage caused to their houses and to the persons, who suffered injury. They filed that particulars and substantiated their stand.
11. From the materials on record, it is seen that the respondents have taken sufficient and effective steps to protect the lives and properties of SC/Arunthathiar Community People living in that area. Effective steps have been taken by deploying more Police Personnels and by installing CCTV Cameras and Peace Committee Meeting was held on 24.07.2013, to maintain peace between both the parties. On receiving complaints with regard to untoward incidents, criminal cases were registered, investigated and proper action was taken and the Revenue Divisional Officer, Dindigul, also initiated proceedings under Section 107 Cr.P.C., against both the parties on 22.08.2013.
12. At the time of hearing the writ petition, there was no representation on behalf of the petitioner. The learned Special Government Pleader referred to counter affidavit and typed set of papers filed by the respondents. The averments made in the counter affidavit with regard to development works undertaken and compensation paid by the District Administration and steps taken to prevent the communal clashes by the respondents, are recorded.
13. Accordingly, this writ petition is disposed of, as above. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The District Collector, Dindigul.
2.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul.
3.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Nilakottai, Dindigul.
4.The Inspector of Police, Nilakottai Police Station, Dindigul District..