Madras High CourtWP/21885/2014disposed of

Arulmigu Vasantha Vinayagar v. The District Collector

2015-08-11Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.08.2015 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.21885 of 2014 and M.P.Nos.1 and 2 of 2014 Arulmigu Vasantha Vinayagar Kovil Arakkatalai rep. by its Secretary K.Kannan ..

Petitioner Vs 1.The District Collector, Villupuram and District.

2.The Superintendent of Police, Villupuram and District.

3.The Deputy Superintendent of Police, Tindivanam.

4.The Revenue Divisional Officer, Tindivanam, Villupuram District.

5.The Tahsildar, Tindivanam, Villupuram District.

6.The Inspector of Police, Rosanai Police Station, Tindivanam.

7.A.Elango 8.K.Vajjiravel 9.K.Kuppan 10.D.Gunasekaran 11.V.Mani 12.B.Durai 13.P.Ganapathy ..

Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the entire records connected with the impugned proceedings of the fifth

respondent made as resolutions of the peace meeting dated 23.08.2012 and quash the same and consequently, direct the respondents 1 to 6 to handover the temple's keys to the petitioner Trust. For Petitioner ..

Mr.S.N.Ravichandran For Respondents ..

Mr.S.Diwakar, Addl. Govt. Pleader for R1 to R6 Mr.S.Lakshmanaswami for R7 to R13

ORDER

It appears there is a dispute with respect to the management of private temple between two groups. Admittedly, the petitioner represents one group. The petitioner has initiated civil suit O.S. No.105 of 2012, which is pending disposal on the file of the Principal District Munsif, Tindivanam. Learned counsel for the petitioner submitted that the interlocutory application in I.A.No.746 of 2012 was dismissed, against which, Civil Miscellaneous Appeal has been filed.

2.In the meanwhile, the peace meeting has been convened. The petitioner did not sign the resolution of peace meeting. Challenging the said peace meeting, the present writ petition has been filed. 3.This Court does not find any merit in this writ petition. The peace meeting is only meant for resolving the dispute between the parties. In other words, any decision taken does not have any statutory backing. Admittedly, the civil suit is pending disposal before the jurisdictional civil Court. Thus, the only remedy open to the petitioner is to get appropriate orders in the pending suit, especially, when the temple is private temple, not coming within the purview of H.R. and C.E.

4.With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 5.It is made clear that any action taken by the respondent police, in pursuance of the peace meeting conducted, shall be subject to further orders to be passed by the civil Court. Sd/- Assistant Registrar True Copy Sub Assistant Registrar mmi

To 1.The District Collector, Villupuram and District.