Sathiyaseelan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:27.06.2024 Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.9968 of 2024 Sathiyaseelan .. Petitioner /versus/ 1.The District Collector, Salem District, Salem.
2.The Revenue Divisional Officer, Athoor Town, Salem District.
3.The Tahsildar, Pethanaikkanpalayam, Salem District.
4.The Inspector of Police, Veeragoundanur, Yethappur, Salem 636 117.
5.Mr.Arumugam @ Vettu Arumugam .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 1 to 4 herein to take proper action to conducting the festival peacefully without any threat of law and order problem in Chinna Samudhiram Devendhira Kula Vellalar Arulmighu Mariamman Thirukoil, Salem District and the festival held on the Head of petitioner Trust. For Petitioner :Mr.M.Kannan 1/6
For Respondents :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) -----
ORDER
The petitioner herein claiming as a hereditary Trustee of Temple "Chinna Samudhiram Devendhira Kula Vellalar Arulmighu Mariamman Thirukoil", Salem District, has earlier approached this Court seeking Mandamus to direct the respondents to take action for conducting festival in the year 2023.
2. When that matter came up for consideration, it was represented on the side of the revenue officials that there is a dispute between two groups and therefore, the Revenue Divisional Officer's enquiry has been initiated. Based on the outcome of the RDO enquiry, permission will be granted.
Accordingly, W.P.No.12207 of 2023 was disposed on 20.04.2023 directing the authorities to conclude the enquiry and pass appropriate orders.
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3. Despite specific direction, the RDO has not completed the enquiry and the same has been kept pending and therefore, it has forced the petitioner herein to approach this Court again seeking Writ of Mandamus reviewing his prayer for direction to the respondents to take proper action and to conduct festival peacefully without any disturbance to the public peace and order.
4. On notice, the respondents 1 to 4 through the learned Government Advocate (Crl.Side) submits that in view of the rival claim between the petitioner Sathiyaseelan, Arumugam and others in connection with right to collect parking fees of two wheeler, three wheeler and four wheeler during the festival, Peace Committee Meeting was conducted and no consensus decision has been arrived at and therefore, the villagers have decided to conduct the festival excluding the two rival groups. Accordingly, the report by the RDO has been submitted on 11.06.2024.
5. In the light of the development as stated above, if the 3/6
petitioner has any grievance regarding the Peace Committee Meeting Report of RDO, he shall workout his remedy before the appropriate forum. Since the materials available show that the villagers and the revenue authorities along with police officials have decided to conduct the festival excluding the petitioner and other rival group, this Writ Petition is disposed of giving liberty to the petitioner herein to workout his remedy before the appropriate forum challenging the report of the Peace Committee Meeting. No costs.
27.06.2024 Index:yes/no Speaking order:yes/no ari To:
1.The District Collector, Salem District, Salem.
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2.The Revenue Divisional Officer, Athoor Town, Salem District.
3.The Tahsildar, Pethanaikkanpalayam, Salem District.
4.The Inspector of Police, Veeragoundanur, Yethappur, Salem 636 117.
DR.G.JAYACHANDRAN,J.
ari 5/6
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