The central legal point established in the judgment is the need for strict compliance with the law to curb the unlawful activities of Katta Panchayats, and the power of a Magistrate under Section 156(3) Cr.P.C to direct the police to register a case and monitor the investigation.

Markandey Katju, CJ.

Heard the learned counsel for the parties.

2. This writ petition illustrates an alarming phenomenon which has arisen in the State of Tamil Nadu over the last decade or so, which is gaining momentum, and which must be nipped in the bud now otherwise it will create serious law and order problems and anarchy in the State. This phenomenon is the mushrooming, particularly in the rural and coastal areas of the State, of wholly illegal and extra-constitutional institutions called Katta Panchayats which hold illegal kangaroo courts, issue unlawful decrees of excommunication from the village and imposition of huge fines against persons who have displeased them in some way, and commit acts of violence on such person if they disobey such decrees.

3. The writ petitioner K.Gopal has alleged in the affidavit filed in support of the writ petition that he is a practicing Advocate in the Madras High Court. He has alleged that he has been a victim of the Kattapanchayat system prevalent in his Kuppam (hamlet) as a consequence of which his family and he have been illegally excommunicated from the village and subjected to an illegal fine of Rs.40,000/- and are facing imminent death threats.

4. It is alleged in para 3 of the affidavit that as a consequence of the Tsunami which swept the coast line on 26.12.2004, 77 families of his Kuppam (Hamlet) were affected with four deaths. His father Kapali died and his brother was swept away but managed to swim to the shore after 6 hours in the sea. He has further alleged that various voluntary organisations and philanthropists generously came forward with contributions in money and material, but the self proclaimed kattapanchayatdars of his Kuppam misappropriated huge quantities of the same by issuing a diktat that all relief materials belong to the Kuppam and not the families of the victims.

5. In para 4 of the affidavit it is alleged that Rev. Ezra Sargunam's Seva Organisation was kind enough to provide one boat each to the families of the victims directly and the petitioner's mother was provided with one such boat. However the third respondent panchayatdars began to demand the boat on the plea that all relief materials were intended for the Kuppam. When the petitioner's mother declined to hand over the boat to the third respondent panchayatdars they were arraigned before the panchayat and penalised with a fine of Rs.50,000/- failing which they would be excommunicated. Bowing to the fiat of the katta panchayat and realising the inevitable consequences if they disobeyed its decrees they prostrated before the panchayatdars pleading their inability to pay the sum. Hence the panchayatdars finally extorted a sum of Rs.40,000/- from them instead of Rs.50,000/-.

6. It is alleged in para 6 of the affidavit that one Panchanathan and his four brothers belonging to the Kuppam procured three old fibre boats on loans from a Seva Organisation. The panchayatdars cast their covetous eyes on those three old boats also and demanded that they be surrendered to the katta panchayat. Upon their refusal to surrender the three old boats the panchayatdars passed a resolution and imposed a fine of Rs.1,50,000/-. Upon their inability to pay the same they were excommunicated.

7. In para 8 of the affidavit it is alleged that the orders of excommunication were promulgated by public announcements by loud speakers and effected by imposition of fines upon persons who dared to speak to their families, besides disconnecting the petitioner's cable T.V., water supply etc. It is alleged that when the police were approached they refused to register the petitioner's complaint and advised him to abide by the katta panchayat verdict.

8. It is alleged in para 10 of the petitioner's affidavit that annoyed by the petitioner's accompanying Panchanathan's brothers to the police station about 8 persons led by one Desinghu, the Ex President of the Sabha, Baskar, Seenivasan and Namdev kicked open the door of the petitioner's h