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Madras High CourtWP/5389/2020disposed of

Ammale @ Sellamuthu v. The District Collector,

2020-03-03Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5389 of 2020 and W.M.P.Nos.6321 & 6324 of 2020 Ammaie @ Sellamuthu S/o. Kuppusamy Gounder

...Petitioner

Vs.

1.The District Collector Collector Office Tiruppur.

2.The District Revenue Officer Tiruppur District Tiruppur.

3.Tahsildar Taluk office Dharapuram.

4.The Superintendent of Police Tiruppur District Tiruppur.

5.The Inspector of Police Moolanoor Police Station Moolanoor Tiruppur District.

6.K.Palanisamy S/o.Kupusamy 7.K.Kuppusamy S/o.Kuppannagoundar 8.Kanagaraj S/o.Kuppusamy

9.N.K.C. @ N.Kalisamy S/o. Nachimuthu

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records on the file of the 3rd respondent passed by on 13.03.2018 and quash the same as illegal, incompetent and ultravires.

For Petitioner :

Mr.M.Guruprasad For Respondents:

Mr.R.Govindasamy Special Government Pleader for R1 to R5

O R D E R

This writ petition is filed challenging the proceedings of the third respondent dated 13.03.2018, which is nothing but recording the terms and conditions resulting out of the Peace Committee Meeting held between the two rival parties viz., "A" party and "B" party, in respect of conducting festival at Arulmighu Porasamarathu Iyyan Thiru Kovil, Komarapalayam, Thirupur District.

2. Admittedly, the petitioner is one of the B-party to the terms of such recording of the proceedings. The present writ petition is filed seeking to quash the said proceedings by contending that the petitioner is entitled to conduct Panguni Uthram festival at the said Temple and therefore, Clause 2 of the said recording of the Peace Committee Meeting stare against the petitioner and consequently, it has to be set aside. It is not in dispute that a suit and counter suit filed by both parties are pending before the competent Civil Court arising out of the same cause of action. The third respondent, who conducted the Peace Committee Meeting, found that insofar as conducting the Panguni Uthram festival at the said Temple is concerned, no consensus has reached between the warring parties and therefore, they have to wait till a decision is made by the Civil Court for conducting such festival.

3. When such being the position, I do not think that the petitioner is justified in approaching this Court and filing the present writ petition to quash the above said proceedings viz., recording of the Peace Committee Meeting, more particularly, when the petitioner is also party to the said proceedings. Thus, without expressing any view on the merits of the claim

made by the petitioner, this Writ Petition is disposed of, only by granting liberty to the petitioner to agitate his right before the competent Civil Court, where the suits are pending. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mk To 1.The District Collector Collector Office, Tiruppur.

2.The District Revenue Officer Tiruppur District, Tiruppur.

3.Tahsildar Taluk office, Dharapuram.

4.The Superintendent of Police Tiruppur District, Tiruppur.

5.The Inspector of Police Moolanoor Police Station Moolanoor, Tiruppur District.

+1 CC to Mr.M.Guruprasad, Advocate sr 19360.

+1 CC to Govt. Pleader sr 19760.

W.P.No.5389 of 2020 BP(CO) SP(14/07/2020)