Madras High CourtWP(MD)/4448/2024disposed of

Jameen Abdul Gafoor Levvai .S v. The District Collector

2024-02-27Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.4448 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4448 of 2024 AND W.M.P.(MD)Nos.4278,4280 & 4281 of 2024 S.Jameen Abdul Gafoor Levvai ... Petitioner Vs.

1. The District Collector, O/o.the District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Tahsildar, O/o.the Tahsildar, Kelakkarai Taluk, Ramanathapuram District.

4. S.Mohamed Bakkeer Sulthan

5. S.Syed Sirajudeen Levvai

6. Z.Sathik Batcha Levvai

7. Kittange P.S.Syed Ibrahim ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the peace committee proceedings Nil dated 12.06.2023 of the 3rd Respondent and quash the same as illegal and consequentially to appoint an Advocate Commissioner for conducting the Sandhanakoodu 1/5

2 W.P.(MD)NO.4448 OF 2024 Festival at Ervadi Kuthubu Hazarath Sulthan Syed Ibrahim Shaheed Oliyullah Dargha as per the traditional customs and usage existing in the Dharga and also to carry out the tasks referred to in Clause 10 and 22 of the scheme decree dated 27.04.1989 made in O.S.No.236 of 1978 on the file of the Subordinate Judge, Ramanathapuram within the period that may be stipulated by this Court.

For Petitioner : Ms.H.Jasima Yasmin, for M/s.Ajmal Associates.

For R-1 to R-3 : Mr.A.Kannan, Additional Government Pleader.

For R-4 to R-6 : Mr.J.Bharadhan For R-7 : Mr.Anwar Sameem * * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3 and the learned counsel appearing for respondents 4 to 6 and the learned counsel appearing for the seventh respondent.

2. The petitioner challenges the decision taken in the peace committee meeting on 12.06.2023. I have consistently held that a peace committee meeting decision has no legal consequence. The petitioner is 2/5

3 W.P.(MD)NO.4448 OF 2024 not bound by the same. If the petitioner or third parties act in breach of the decision taken on 12.06.2023 in the peace committee meeting, no consequence will follow. I have consistently held that such decisions are not amenable to judicial challenge. The learned counsel appearing for the petitioner states that this Court can consider granting consequential relief alone.

3. It is well settled that when the primary prayer is negatived, the question of granting the consequential prayer does not arise at all. Liberty is given to the petitioner for filing appropriate writ petition on the same cause of action.

4. With this clarification and liberty to the petitioner, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.4448 OF 2024 To:

1. The District Collector, O/o.the District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Tahsildar, O/o.the Tahsildar, Kelakkarai Taluk, Ramanathapuram District.

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5 W.P.(MD)NO.4448 OF 2024 G.R.SWAMINATHAN,J.

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