C. Balasubramanian v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.1451 and 1452 of 2025 C. Balasubramanian ... Petitioner /Vs./ The Tahsildar Srirangam Taluk, Tiruchirappalli District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records of the impugned peace committee proceeding dated 23.12.2024 on the file of the Respondent and quash the same and consequently directing the Respondent to proceed as per the order of this Honourable Court in W.P. (MD).No.22368 of 2022 dated 06.12.2022.

For Petitioner : Mr.I.Romeo Roy Alfred For Respondent : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the resolution resolved in the peace committee meeting conducted by the respondent. 1/4

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner and the counter party have dispute in respect of the property comprised in S.No.74 situated at Rengachipuram, Thirupparaithurai village, Srirangam Taluk, Tiruchirappalli.

4. According to the petitioner, the petitioner had title over the property and filed a suit in O.S.No.383 of 1989, on the file of the District Munsif Court, for injunction and it was decreed and the same was confirmed by the Appellate Court in A.S.No.126 of 2000 by the judgment and decree dated 13.01.2003. Even thereafter, the dispute continues and as such, there was a peace committee meeting conducted by the respondent, in which, both the parties were present and they themselves resolved some resolution and now, aggrieved by the same, the petitioner being the 'B' party, challenged the same before this Court, by way of this writ petition.

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5. Aggrieved by the resolution, already 'A' party filed a suit in O.S.No. 344 of 2023 on the file of the District Munsif Court, Srirangam and it is pending. Though the resolution passed between the parties before the respondent has no legal sanctity and it has been evidenciary value.

6. Therefore, when the resolution impugned in this writ petition, there is no legal sanctity, there is no question of challenging the same. If any party violates the resolution between themselves, they can approach the civil Court for appropriate relief. This Court finds no infirmity or illegality in the order passed by the respondent and the writ petition is liable to be dismissed.

7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Internet : Yes/No 27.01.2025 NCC : Yes / No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:- The Tahsildar Srirangam Taluk, Tiruchirappalli District.

Order made in Dated:

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