1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14889 of 2011 and M.P.(MD)No.1 of 2011 S.Vasuki ... Petitioner Vs The District Collector, Dindigul District, Dindigul. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the respondent in br.K.e.f.vz; 2625-m3-2011 dated 27.08.2011 and quash the same as illegal andconsequently directing the respondent to consider the petitioner's representation dated 07.12.2011 and to revoke the petitioner's suspension. For Petitioner : Mr.C.Arul Vadivel Sekar For Respondent : Mr.B.Pugalendhi Special Government Pleader *** O R D E R This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus calling for the records of the respondent in br.K.e.f.vz; 2625-m3- 2011 dated 27.08.2011 and quash the same as illegal andconsequently directing the respondent to consider the petitioner's representation dated 07.12.2011 and to revoke the petitioner's suspension. 2. Heard Mr.C.Arul Vadivel Sekar, learned Counsel for the petitioner and Mr.B.Pugalendhi, learned Additional Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner, S.Vasuki, has filed this writ petition challenging the correctness of the impugned order of suspension passed by the District Collector on 27.08.2011 in proceedings br.K.e.f.vz; 2625-m3- 2011 . 5. It is the case, wherein the petitioner is an Anganwadi worker, working in Kavunji Childrens' Centre under the control of Children Welfare Project office at Kodaikanal, from 05.09.2007. On 19.08.2011, when the petitioner was staying in her house, the petitioner's husband's friend one Madhukumar entered into her house and attempted to commit rape. In order to avoid the outrage of modesty, the petitioner had reverted him by reasonable force. As a result, the said Madhukumar https://hcservices.ecourts.gov.in/hcservices/ 2 sustained injuries and subsequently it is reported that he succumbed to injuries. In view of that, the petitioner was arrested in a criminal case in Crime No.516/2011 on 23.08.2011 by the Sub Inspector of Police, Kodaikanal for the alleged offence U/s 307 I.P.C. and subsequently the same was altered into one U/s 302 I.P.C. Pursuant to the registration of criminal case, the petitioner was also arrested and subsequently released on bail on 10.10.2011 by the order of this Court in Crl.O.P.(MD)No.13132 of 2011. 6. In the meanwhile, the petitioner was also placed under suspension for the reason that she was in prison for more than 48 hours by the impugned order of suspension. In view of that, the petitioner has also made a representation dated 07.12.2011 to revoke the suspension order. But there was no response. Finding no result whatsoever, the petitioner has come to this Court with the above writ petition. 7. The learned Counsel appearing for the petitioner submits that it is an admitted case, where the said Madhukumar on 19.08.2011, smelling that the petitioner's husband was not available at the petitioner's residence, entered into her house and attempted to outrage the modesty and commit rape against the petitioner. The petitioner has also in turn assaulted him with reasonable source. But unfortunately, the said Madhukumar sustained injuries and after some time i.e. about 45 days, inspite of proper treatment given, he succumbed to injuries. That itself cannot rope the petitioner in any criminal culpability. This can be decided before the appropriate criminal court. In the meanwhile, placing the petitioner under the suspension is wholly unsustainable. 8. The said submission of the learned Counsel for the petitioner finds some force. 9. In reply, the learned Special Government Pleader submits that the investigation has not been completed. Further the charge sheet has not also been filed. 10. This Court does not find any merits in the submission made by the learned Special Government Pleader. Prima facie, it appears, this is a fit case of exercising a right of self defence against an alleged rapist who attempted to commit rape on her. Therefore, for the reason that the deceased succumbed to injuries, cannot be a case for placing the petitioner under suspension. In that view of the matter, I do not find any impediment to interfere with the impugned order. Therefore, this Court directs the respondent to revoke the suspension order dated 27.08.2011 in proceedings br.K.e.f.vz; 2625-m3-2011 and reinstate her in service, within a period of ten days from the date of receipt of a copy of this order. 9. With the above direction, this writ petition is disposed of. Consequently, the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The District Collector, Dindigul District, Dindigul. + 1 cc Mr.C.Arul Vadivel @ Selvam, Advocate, SR No.45619 + 1 cc to The Special Government Pleader, SR No.46033 W.P.(MD)No.14889 of 2011 and M.P.(MD)No.1 of 2011 23.12.2011 ssl RJ/3.1.12 3p/4c https://hcservices.ecourts.gov.in/hcservices/