A.Palani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.14950 of 2018 and W.M.P.(MD).No.13516 of 2018 A.Palani ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai Division, Madurai.

3.The Tahsildar, Thirupurankundram Taluk, Thirunagar, Madurai.

4.The Inspector of Police, C1 Subramaniyapuram Police Station, 5.Sankaranarayanan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the second respondent to take decision on the Peace Committee proceeding forward by the third respondent, forthwith by considering the nature of the issue subsequently direct the 1 to 4 respondents to give permission and protection to conduct Arulmigu Thirisoola Kaliyamman Temple Festival from 10.07.2018 onwards, at Thirisoola Kaliyamman Kovil Street, Palaganatham, Madurai.

For Petitioner :

Mr.T.Vadivelan For R1 to R4 :

Mr.M.Karuppasamy Government Advocate

ORDER

This writ petition has been filed, seeking a direction to the second respondent to take a decision on the Peace Committee proceeding, which was forwarded by the third respondent, forthwith by considering the nature of the issue, subsequently, direct the

respondents 1 to 4 to give permission and protection to conduct Arulmigu Thirisoola Kaliyamman Temple Festival from 10.07.2018 onwards, at Thirisoola Kaliyamman Kovil Street, Palaganatham, 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice on behalf of the respondents 1 to 4.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 4.According to the petitioner, there is a dispute between the petitioner and the fifth respondent, due to the temple festival, in this regard, a case was registered against the fifth respondent in Crime No.451 of 2018 on the file of the Inspector of Police, C1 Subramaniyapuram Police Station, Madurai. In the mean time, the petitioner has made a representation to the fourth respondent, seeking permission to conduct the festival. The fourth respondent in turn has forwarded the same to the third respondent to conduct Peace Committee meeting. On 06.07.2018, the third respondent has convened the meeting at about 04.00 p.m. In the said meeting, the fifth respondent was present.

During the Peace Committee meeting, the third respondent advised the fifth respondent that the festival can be conducted only by the public and he could only be permitted to participate in the temple festival. But the fifth respondent did not accept the said advice. Therefore, it was forwarded to the second respondent to convene the Peace Committee meeting and to resolve the dispute among the parties. In this regard, the petitioner and others have approached the first respondent and submitted a representation dated 09.07.2018. Thereafter, no further order has been passed. Hence, the petitioner is before this Court with the aforesaid prayer.

5.The learned Government Advocate appearing for the respondents 1 to 4 would submit that now the representation is pending before the second respondent. If both the parties appear and co-operate for the Peace Committee Meeting to be conducted, appropriate orders will be passed by the second respondent. 6.In view of the aforesaid fact that the third respondent has forwarded the representation to the second respondent to convene the Peace Committee meeting to settle the disputes between the parties and the same is now pending, this Court is inclined to pass the following order:- 7.The second respondent is directed to convene the Peace Committee meeting and take a decision in accordance with law on or before 12.07.2018, after providing opportunity to the parties. The parties are directed to appear and co-operate with the second respondent to conduct the meeting.

8.Accordingly, this Writ Petition stands disposed of with the above direction. No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai Division, Madurai.

3.The Tahsildar, Thirupurankundram Taluk, Thirunagar, Madurai.

4.The Inspector of Police, C1 Subramaniyapuram Police Station, +1cc to Mr.T.Vadivelan, Advocate, SR.No.72330. W.P.(MD)No.14950 of 2018 11.07.2018 tsg RAM/SV/SAR 2/11.07.2018/3P/6C