Ravichandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.3131 of 2024 Ravichandran ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.Elango 4.Gowthaman 5.M.Veeraselvam ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pursuant to the impugned proceedings of the Peace Committee Meeting order Condition No.7 (last one) in Pa.Ve. 03/2023/A3 dated 31.03.2023 by the second respondent and quash the same as illegal and consequently directing the respondents 1 and 2 to take appropriate action for receiving festival tax from the petitioner at present year and in future to participate as one of the members of the First Mandagapadi of Temple viz., Sri Subramaniaswamy associated with Ayyankula Vinayagar, Sri Ayyappan and other deities situated at Keelapalanjur, Palanjur Village, Pattukkottai Taluk, Thanjavur District. 1/6

For Petitioner : Mr.B.Anandan For RR 1 & 2 : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This Writ Petition has been filed by the petitioner challenging the resolution resolved in the Peace Committee Meeting dated 31.03.2023 in the office of the second respondent. 2.Sri Subramaniaswamy associated with Ayyankula Vinayagar, Sri Ayyappan and other deities in the Temple situated at Keelapalanjur, Palanjur Village, Pattukkottai Taluk, Thanjavur District. It belongs to four community people and they were assessed to pay tax for construction of temple and celebration of temple festival. However, the petitioner and his family members were not allowed to pay any tax and the petitioner was excommunicated from the Temple by the respondents 3 to 5 herein. Therefore, there was a dispute which resulted in filing a Writ Petition before this Court in W.P(MD)No.3006 of 2023. This Court, by order dated 20.03.2023, directed the second respondent to conduct a Peace Committee Meeting and resolve the dispute between the private persons.

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3.The second respondent conducted a Peace Committee Meeting and both the parties namely the petitioner and the respondents 3 to 5 attended the same. however, the petitioner did not agree for the resolution passed by the respondents 3 to 5 and did not sign the resolution. As per the resolution, the petitioner was not permitted to pay any tax for the Temple.

4.Admittedly, the petitioner did not sign any resolutions and as such, it will not bind the petitioner. However, a complaint was lodged by the petitioner alleging that the respondents 3 to 5 refused to collect any tax from the petitioner for the celebration of the festival. Further, the petitioner also alleges that the particular Temple belongs to four communities and as such, he is also having some right over the Temple. Therefore, the entire dispute is civil in nature between the petitioner and the respondents 3 to 5. 5.In view of the above, the resolution passed in the office of the second respondent by the respondents 3 to 5 is not binding on the petitioner, since he did not sign the same. Hence, this Court finds no merit in the Writ Petition and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. The 3/6

petitioner is at liberty to approach the civil Court for appropriate relief. It is also open to the petitioner to lodge a police complaint if any ex-communication from the Temple by the respondents 3 to 5 herein. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 06.01.2025 6/6