Madras High Court
P.Sathish vs State Of Tamil Nadu on 7 June, 2019
Equivalent citations: AIRONLINE 2019 MAD 1528
Bench: S.Manikumar, Subramonium Prasad
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 7/6/2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.10602 of 2019
P.Sathish ... Petitioner
Vs
1. State of Tamil Nadu
rep. By its Secretary to Government
Home Department
Fort St. George
Chennai 600 009.
2. The Secretary to Government
Adi Dravidar and Tribal Welfare Department
Fort St. George
Chennai 600 009.
3. The District Collector
Villupuram District.
4. The Superintendent of Police
Villupuram District.
5. The Deputy Superintendent of Police
Thirukovilur
Villupuram District.
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6. The Inspector of Police
Tiruvennainallur Police Station
Villupuram District. ... Respondents
Prayer Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus, (a). directing the
respondents 3 and 4 to immediately provide all appropriate reliefs
mandated under the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and 1995 Rules made thereunder to
the petitioner and other victims of Anathur Village, Ulundurpet Taluk,
Villupuram District for the atrocity committed on them on 27/2/2019;
(b). directing the respondents 3 to 5 to enforce the law effectively to
provide adequate protection to the life and personal safety of the inter-
caste married couple, Thirumurthy, S/o.Ezhumalai and Jayapradha,
D/o.Murugan, both of Anathur Village, Ulundurpet Taluk, Villupuram
District and to the members of Dalit Community in the Anathur Village,
as per the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act and the Rules made thereunder; (c). directing the fifth
respondent to swiftly conduct and complete the investigation of the case
in Crime No.136 of 2019 on the file of the sixth respondent Police Station
with 60 days period as mandated in Rule 7 (2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
For petitioner ... Mr.S.Sathia Chandran
For respondents ...Mr.E.Manoharan
Additional Government Pleader
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ORDER
(Order of the Court was made by S.Manikumar,J) Petitioner has sought for a writ of mandamus, (a). directing the respondents 3 and 4, to immediately provide all appropriate reliefs mandated, under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 1995 Rules made thereunder, to the petitioner and other victims of Anathur Village, Ulundurpet Taluk, Villupuram District, for the atrocity committed on them, on 27/2/2019;
(b). directing the respondents 3 to 5, to enforce the law effectively, to provide adequate protection to the life and personal safety of the inter- caste married couple, Thirumurthy, S/o.Ezhumalai and Jayapradha, D/o.Murugan, both of Anathur Village, Ulundurpet Taluk, Villupuram District and to the members of Dalit Community in the Anathur Village, as per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and the Rules made thereunder; (c). directing the fifth respondent to swiftly conduct and complete the investigation of the case in Crime No.136 of 2019, on the file of the sixth respondent Police Station, within 60 days period, as mandated, in Rule 7 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
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2. Going through the status report of the District Adi Dravidar Welfare Officer, Villupuram, dated 16/4/2019 and the submission of the learned counsel for the parties, on 16/4/2019, we passed the following order:-
Status report of the District Adidravidar and Tribal Welfare Officer, Villupuram District, dated 16.04.2019, has been filed, with a note as to how, the untoward incident occurred.
2. District Adidravidar and Tribal Welfare Officer, Villupuram District, has also stated that the Superintendent of Police, Villupuram District, the 4th respondent herein, has recommended atrocities relief fund for the affected victims and relief of Rs.50,000/- to Mrs.Kanmani W/o.Senthil and Rs.25,000/- each to Thiru Selvam S/o.Duraisamy, (2) Tmt.Kaliammal W/o.Elumalai, (3) Tamilkudimagan S/o.Ramamoorthy, (4) Ramu S/o. Ekambaram, (5) Sudharsan @ Sudhagar S/o. Thirisangu, (6) Ganapathy S/o. Pitchaikaran and (7) Thiyagarajan S/o.Somu i.e. (25%) of 1,75,000/- thus, a total amount of Rs.2,25,000/- (25%) is to be sanctioned in first phase.
3. District Adidravidar and Tribal Welfare Officer, Villupuram District, in the status report, dated 16.04.2019, has further stated that relief fund has been sanctioned by the District Collector, Villupuram, vide proceedings in R.C.No.M7/851-1/2019, dated 08.04.2019, and ECS bill has been submitted to the District Treasury Villupuram on 09.04.2018 and ECS amount has already been transferred to the above victims' account.
4. On the aspect of investigation by police in Crime No.136 of 2019 on the file of Tiruvennainallur Police Station, Villupuram District, the 6th respondent herein, Mr.E.Manoharan, learned Additional Government Pleader, submitted that in view of the elections, police requires some more time to file affidavit.
5. Per contra, Mr.S.Sathia Chandran, learned counsel for the petitioner submitted that District Adidravidar and Tribal http://www.judis.nic.in 5 Welfare Officer, Villupuram District, is not a party respondent to this writ petition and it is for the District Collector, Villupuram District, to file an affidavit or status report, as the case may be.
6. Mr.E.Manoharan, learned Additional Government Pleader further submitted that there is a specific fund for granting relief to the affected victims.
7. Referring to Rule 12 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, learned counsel for the petitioner submitted that no sooner an untoward incident occurs, spot inspection has to be done, relief should have been disbursed, within 7 days. According to him, only after filing of the writ petition, relief has been granted and that too only for 6 persons as against 35 persons, mentioned in paragraph No.14 of the supporting affidavit to the writ petition.
8. Though the petitioner has submitted that he has named 35 persons, who have suffered damages due to the instance which occurred on 27.02.2019, investigation is being done, assessment made, and as a first phase, 6 persons have been granted relief under the orders of the District Collector, Villupuram District. As and when, assessment is completed for victims who have suffered damages, relief would be disbursed.
9. In view of the ensuing election, learned Additional Government Pleader, sought for time to file counter affidavit by the District Collector, Villupuram District.
10. Post on 24.04.2019.
3. Subsequently, on 30/4/2019, we passed the following order:-
“On the earlier occasion District Adi-dravidar and Tribal Welfare Officer, Villupuram District, has filed a status report dated 16.04.2019 and the same is extracted hereunder.
(i) Thirumoorthy S/o. Elumalai belonging to the Scheduled Caste Community and a resident of Madhavan Street and one Jayapradha D/o.Murugan belonging to Vanniyar Community and hailing from Anathur Village, both studying in the same College at Cuddalore, fell in love with each other. They anticipated and feared that Jayapradha's parents would vehemently oppose their marriage, on the grounds of difference in caste if they decide to get married. As such, on 07.01.2019 they got married, and got their marriage registered with the Registrar of http://www.judis.nic.in 6 Marriages, Cuddalore.
(ii) Jayapradha's Father forcefully moved her to Hosur and tried to arrange her marriage with some other person from their caste, and on 21.02.2019 Jayapradha was allowed to return to Anathur Village, to attend the funeral of an elder member of her family. In the above situation, the said Thirumoorthy and Jayapradha left their respective homes to lead their marital life. With regard to this, Jayapradha's father lodged a complaint before the 5th respondent i.e. The Deputy Superintendent of Police, Thirukovilur, Villupuram District alleging that his daughter was kidnapped by the said Thirumoorthy and a same was registered as FIR against Thirumoorthy. Hence there was tension brewing on both sides even as the couple remained untraceable.
(iii) It is also stated that in the petition that to trace the girl, on 26.02.2019 the said Jayapradha's family threatened Thirumoorthy's family that if Jayapradha was not handed over to her family by dawn of the next day, all the persons and their houses in Madhavan Street will be burnt into ashes. Further it is stated that, a mob of about 200 persons armed with deadly weapons entered the residential area on Madhavan Street, the mob hurled abuses against the members of Scheduled caste community by mentioning the case in bad taste and abusing that whether the low caste pariahs can lay claim to marry girls from their families. It is also stated that, the mob indiscriminately attacked the residents of the street, with the arms they had brought.
(iv) It is respectfully submitted that, the 6th respondent has filed a case registered against the upper caste people as per the Atrocities Act, under Section 136/19 Sec.147, 148, 294(b), 448, 324, 506(ii), 307 IPC & 3 PPD Act r/w 3(1) (r), (s) & 3(2) (va) SC/ST (POA) Act, 1989 Amendment 2015 on 27.02.2019 in Thiruvennainallur Police Station.
(v) The Superintendent of Police, Villupuram District, 4th respondent, has recommended Atrocities relief fund to the affected victims on the first phase relief of Rs.50,000/- to Mrs.Kanmani W/o.Senthil and Rs.25,000/- each to Thiru Selvam S/o.Duraisamy (2) Tmt.Kaliammal W/o.Elumalai (3) Tamilkudimagan S/o.Ramamoorthy, (4) Ramu S/o. Ekambaram (45) Sudharan @ Sudhagar S/o.Thirisangu, (6) Ganapathy S/o.Pitchaikaran and Thiyagarajan S/o.Somu i.e. (25%) of 1,75,000/- thus, total Rs.2,25,000/- (25%) is to be sanctioned in first phase.
(vi). In the light of the above, action has already been taken to the above file and a relief fund was sanctioned by the District Collector, Villupuram vide his proceedings Rc.Na.Ka.M7/851-1/2019 dated 08.04.2019. The ECS bill has been submitted to the District Treasury, Villupuram on 09.04.2019 and ECS amount has already been transferred to victims' account.
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2. Alongwith the report, he has also enclosed the details of those, who have been given compensation.
3. However, Mr.S.Sathia Chandran, learned counsel for the petitioner submitted that there 35 persons were affected by the communal clash. Spot inspection ought to have been conducted immediately within seven days. Relief ought not to have been restricted only to six families and appropriate compensation ought to have been given to all those affected.
4. In response to the above, Mr.E.Manoharan, learned Additional Government Pleader submitted that investigation is going on and after ascertaining the alleged loss of property and the extent of damage suffered by them, assessment would be made and that victim compensation would be disbursed as expeditiously as possible.
5. To ascertain the stage of investigation, and for maintenance of law and order in the place, we directed, Mr.E.Manoharan, learned Additional Government Pleader to get appropriate instructions. Inspector of Police, Thiruvennainallur Police Station, Villupuram District, Respondent No.6, has filed an affidavit dated 25.04.2019 as hereunder.
"7. It is most respectfully submitted that, FIR bearing Crime No.136/2019 was filed for the said incident on complaint lodged by Mr.Selvam under various provisions of IPC such as 147,148,294(b),448,323,324,506(2) and 307 and under Sec 3 of Public Property Damage and Loss Act and under Section 3(1)(r)(s) and 3(2)(va) of SC ST Act on 35 persons out of which 6 persons were remanded on 27.02.2019.
8. It is humbly submitted that on 02.03.2019, Mr.Thirumurthy along with Ms.Jayapradha appeared before the Judicial Magistrate, Ulundurpet and gave a letter to the Magistrate that she has gone with Mr.Thirumurthy only out of her interest and not out of any compulsion and not as stated by her father Mr. Murugan that Thirumurthy has kidnapped her.
9. It is respectfully submitted that on 04.03.2019 house of one Mrs.Shanthi was burnt down by peoples of the Adi-Dravida Community from the Anathur colony for which FIR was lodged against 20 persons under the provisions of IPC such as 146,436,506(1).
10. It is further humbly submitted that after all such atrocities between the two communities the degree of loss and persons who suffered material loss was taken into account and the persons who suffered very severe loss were http://www.judis.nic.in 8
1.Selvam S/o.Duraiswamy 2. Kaaliammal W/o.Ezhumalai 3. Kanmani W/o.Harikrishna 4. Tamilkudimagan S/o. Ramamurthy 5. Ramu S/o.Egambaram 6. Sudharshan S/o. Thirusangu 7. Ganapathy S/o.Pitchaikaran 8. Thiyagarajan S/o.Somu and the community certificate copies of all the victims were collected and was sent to the Tahsildhar, Ulundurpet.
11. It is most humbly submitted that after such events took place in the Anathur Village, Ulundurpet Taluk, Villupuram District, the Superintendent of Police has ordered surveillance be provided 24 hours by armed police in rotational basis.
12. It is most respectfully submitted that the Loss of Property and the extent of Damage Report was forwarded to the District Collector, Villupuram by the Superintendent of Police, Villupuram District for the victims to be benefited as early as possible. Investigation is still ongoing on the same chargesheet will be framed accordingly."
6. From the above, it could be deduced that investigation is incomplete, only eight of them have been given victim compensation out of thirty five. Loss of property and assessment of damage alleged to have been suffered by the remaining is not clear. However, it is stated that the report has been forwarded to the District Collector, Villupuram by the Superintendent of Police, Villupuram for disbursement of compensation and that the same would be done as early as possible.
7. District Collector, Villupuram District, 3rd respondent is directed to examine the reports, if any pending, stated to have been sent and as averred in paragraph No.12 of the affidavit report dated 25.04.2019 of the Inspector of Police, Thiruvennainallur Police Station, Villupuram District, and disburse the victim compensation, as expeditiously as possible, to the persons affected and eligible, within a period of two weeks from the date of receipt of a copy of this order.
8. Though Mr.S.Sathia Chandran, learned counsel for the petitioner prayed for a direction to the Registry to post the matter in the 1st week of May, ie. Vacation Court Sitting, liberty is granted to the learned counsel for the petitioner to approach the Registry.
9. Post on 04.06.2019.”
4. Mr.E.Manoharan, learned Additional Government Pleader further submitted that on the basis of First Information Report, a case in Crime No.136 http://www.judis.nic.in 9 of 2019, has been registered, on the file of the Inspector of Police, Tiruvennainallur Police Station, Villupuram, sixth respondent, under Sections 147, 148, 294 (b), 448, 324, 506 (ii), 307 IPC & 3 of PPD Act r/w. 3 (1) (R), (s) & 3 (2) (va) SC/ST (POA) AC 1989 Amendment 2015. He further submitted that the Superintendent of Police, Villupuram District, fourth respondent, has already recommended Atrocities Relief Fund, to the affected victims, the first phase relief of Rs.50,000/-, to Mrs.Kanmani, W/o.Senthil and Rs.25,000/- each to Thiru Selvam, S/o.Duraisamy, (2) Tmt.Kaliammal, W/o. Elumalai, (3). Tamilkudimagan, S/o.Ramamoorthy (4). Ramu, S/o. Ekambaram, (5) Sudharsan @ Sudhagar, S/o. Thirisangu, (6). Ganapathy, S/o. Pitchaikaran and Thiyagarajan, S/o. Somu i.e., (25%) of 1,75,000/-, thus totalling, a sum of Rs.2,25,000/- has already been sanctioned, vide proceedings, in R.C.No.M7/851-1/2019, dated 8/4/2019.
5. Learned Additional Government Pleader further submitted that ECS bill has already been submitted to the District Treasury, Villupuram, with a sum of Rs.2,25,000/- and that the same could be transferred to the victims' account. He further submitted that Superintendent of Police, Villupuram District, by letter in Na.Ka.No.39/r/eP (k) k/ c. gphpt[/2019, dated 31/5/2019, has recommended additional atrocities relief fund, for another 24 victims, in the first phase relief of Rs.6,00,000/- (Rs.25,000/- each to 24 victims). 25% of the http://www.judis.nic.in 10 relief amount of Rs.6,00,000/- is to be sanctioned in the first phase.
6. Considering the fact that victims have lost their property and that there is a need to provide them with compensation, as expeditiously as possible, we directed the learned Additional Government Pleader to ascertain as to whether compensation can be paid in one lump sum instead of a phased manner.
7. Reverting and inviting the attention of this Court, to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, issued by the Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment, Government of India, and in particular to the schedule of payment, provided in Annexure to Rule 12 (4) of the said Rules, and also to the offences, registered under Section 3 (1) (r) & (s), 3 (2) (va) of the said Act, learned Additional Government Pleader submitted that in so far as disbursement of the relief amount, for the offences stated supra, shown as S.Nos.18 and 19 of the Annexure, payment has to be made in three stages, viz., (1). 25% at First Information Report (FIR) stage; (ii). 50% when the charge sheet is sent to the Court; and (iii). 25% when the accused are convicted by the lower Court.
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8. Learned Additional Government Pleader further submitted that within a couple of days, charge sheet could be laid in the competent Court. Recommendation has already been made. Six persons have already been sanctioned interim compensation at the stage of First Information Report. For 24 persons, recommendation has been made by the Superintendent of Police, Villupuram District and received by the District Adi Dravidar Welfare Officer, Villupuram District, fourth respondent. According to learned Additional Government Pleader, no sooner charge sheet is filed, recommendations would be made by the Superintendent of Police, Villupuram District, fourth respondent for disbursement of the second phase of 50% of compensation. Submission of the learned Additional Government Pleader is placed on record.
9. Mr.S.Sathia Chandran, learned counsel for the petitioner submitted that for the loss of property, list of 34 affected persons has already been submitted to the respondents, but interim compensation has been sanctioned only for 30 persons. Learned counsel for the petitioner further submitted that proper enquiry has not been conducted. Whereas the learned Additional Government Pleader submitted that only after conducting a thorough enquiry, compensation has been determined and accordingly, sanctioned. He further submitted that in respect of 24 persons, interim compensation could settled http://www.judis.nic.in 12 within a couple of days.
10. Section 6 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, reads thus:-
Spot inspection by Officers - (1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate or any Police Officer not below the rank of Deputy Superintendent of Police receives an information from any person or upon his own knowledge that an atrocity has been committed on the members of the Scheduled Castes or the Scheduled Tribes within his jurisdiction, he shall immediately himself visit the place of occurrence to assess the extent of atrocity, loss of life, loss and damage to the property and submit a report forthwith to the State Government.
(2). The District Magistrate or the Sub-District Magistrate or any other Executive Magistrate and the Superintendent of Police/Deputy Superintendent of Police after inspecting the place or area shall on the spot
(i). draw a list of victims, their family members and dependents entitled for relief;
(ii). prepare a detailed report of the extent of atrocity, loss and damage to the property of the victims;
(iii). order for intensive police patrolling in the area;
(iv). take effective and necessary steps to provide protection http://www.judis.nic.in 13 to the witnesses and other sympathisers of the victims;
(v). provide immediate relief to the victims.
11. Placing on record the above, writ petition is disposed of, directing the Superintendent of Police, Villupuram District, fourth respondent, to sanction the first phase of the compensation to the remaining 24 victims. No sooner charge sheet is filed, 50% of the compensation, i.e., the second phase of the relief, be sanctioned immediately. Respondents are also directed to consider the submission of the learned counsel for the petitioner, as regards Rules 6 (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the remaining persons alleged to have suffered damages and redress, if it is in accordance with law.
12. For compliance, post on 24/6/2019.
(S.M.K.,J) (S.P.,J) th 7 June 2019 mvs.
Index: Yes/no Internet: yes/no http://www.judis.nic.in 14 Note: Issue order copy on 17/6/2019 http://www.judis.nic.in 15 S.MANIKUMAR,J AND SUBRAMONIUM PRASAD,J mvs.
To
1. Secretary to Government, State of Tamil Nadu Home Department, Fort St. George Chennai 600 009.
2. The Secretary to Government Adi Dravidar and Tribal Welfare Department Fort St. George Chennai 600 009.
3. The District Collector, Villupuram District.
4. The Superintendent of Police, Villupuram District.
5. The Deputy Superintendent of Police, Thirukovilur Villupuram District.
6. The Inspector of Police, Tiruvennainallur Police Station Villupuram District.
Writ Petition No.10602 of 2019 7/6/2019 http://www.judis.nic.in