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Madras High CourtWP/5611/2022disposed of

M.Pushparaj v. The District Collector

2022-03-11Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.5611 of 2022 and WMP Nos.5706 and 5707 of 2022 M.Pushparaj ... Petitioner Vs

1. The District Collector, Vellore District.

2. The Tahsildar Vellore Taluk, Vellore - 9.

3. Ramadoss ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records in Na.Ka.B1/112/2022 dated 15.02.2022 on the file of the 2nd respondent and quash the same and direct respondents 1 and 2 to permit the petitioner to conduct the Sri Angala Parameshwari Amman Temple Mayana Kollai festival in Chinnapalambakkam village, Vellore Taluk, Vellore District, in accordance with the decree and judgment passed by the Hon'ble Principal District Munsif, Vellore on 26.10.2017.

For Petitioner :

Mr.R.C.Ramesh For Respondents :

Mr.TNC.Kaushik Additional Government Pleader

O R D E R

Mr.TNC.Kaushik, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to proceed with the matter finally. In light of order passed in the paragraphs to follow, no notice is thought

necessary to R3 at this juncture. Hence, by consent of learned counsel for the petitioner and the learned Additional Government Pleader, this Writ Petition is disposed finally even at the stage of admission.

2.The petitioner, who is a resident of Chinnapalambakkam Village, Vellore Taluk challenges an order dated 15.02.2022 passed by the Tahsildar, arrayed as R2. He also seeks a direction to R1 and R2, i.e., the District Collector and the Tahsildar to permit the petitioner to conduct Sri Angala Parameshwari Amman Temple Mayana Kollai festival in Chinnapalambakkam Village, Vellore Taluk, Vellore District (village in question), in accordance with the decree and judgment passed by the Principal District Munsif, Vellore on 26.10.2017.

3. Evidently, there are disputes between the petitioner and R3, which have impacted the conduct of the temple festival. As a measure of resolving the dispute, the Tahsildar/R2 has conducted a peace meeting on 08.02.2022 which was unsuccessful on account of the escalation of disputes.

4. I only wish that the Tahsildar had anticipated the difficulties and obtained assistance of the local police to control the law and order problem, in which case, the disputes could well have been resolved by now. Having not done so, the meeting has come to be closed without a resolution having been achieved.

5. It would thus suffice to quash the impugned order directing the Tahsildar to re-convene the peace committee meeting within a period of three (3) weeks from today ensuring that the Deputy Superintendent of Police, Vellore Sub-division, Vellore District is suitably apprised in advance of the proposed peace meeting. It is not thought necessary to implead the police authorities, since this direction will be communicated to them by the learned Additional Government Pleader appearing for the official respondents.

6. Let the Deputy Superintendent of Police ensure that the local police is kept informed of the proceedings and take all adequate steps to provide necessary assistance to the Tahsildar for the conduct of a successful peace meeting between the warring factions.

7. With this, the Writ Petition stands disposed. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sl To

1. The Principal District Munsif, Vellore.

2. The District Collector, Vellore District.

3. The Tahsildar Vellore Taluk, Vellore - 9.

4. The Deputy Commissioner of Police, Vellore Sub Division, Vellore.

+1cc to the Government Pleader, S.R.No.17442 W.P.No.5611 of 2022 and WMP Nos.5706 and 5707 of 2022 MT(CO) SU(04/04/2022)