Arulmigu Shree Thottichi Amman Temple v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5249 of 2024 and W.M.P(MD)Nos.5028 & 5029 of 2024 Arulmigu Shree Thottichi Amman Temple, Mangulam Village, Rep.by its Amman Aadi/Big Poosari, Krishnamoorthy S/o.Periya Veeranan Ambalam ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Superintendent of Police, Madurai District.

5.The Inspector of Police, Othakadai Police Station, Madurai District.

6.A.P.Raja @ Pandiyaraja 7.Jothi ... Respondents 1/4

Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the second respondent in Na.Ka.No. 586/2024/C dated 02.02.2024 and quash the same and consequently direct the respondents 1 to 5 to remove the lock illegally put up by the 6th and 7th respondents for worshipping "Arulmigu Shree Thottichi Amman" situated in Mangulam Village, Alagarkoil via, Madurai East Taluk, Madurai District forthwith.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.S.Kameshwaran, Government Advocate for R1 to R3 Mr.A.Albert James, Government Advocate (crl.side) for R4 and R5

ORDER

The Revenue Divisional Officer, Melur convened a peace committee meeting on 02.02.2024 to resolve the dispute between the petitioner on the one hand and the private respondents on the other. The question is who has to function as Periya Poosari of the petition mentioned temple. In the peace committee meeting, consensus could not be arrived at. After recording the same, the Revenue Divisional Officer passed a peremptory order restraining both the parties from conducting any kind of religious event till the issue is resolved. To that effect, the impugned proceedings dated 02.02.2024 came to be issued. Challenging the same, this writ petition has been filed.

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2.I tried to prevail upon both the parties to arrive at an adhoc arrangement so that Sivarathiri Festival could be celebrated. Consensus could not be arrived at. I have been consistently holding that peace committee meetings are bereft of any legal value or consequence. They are not convened under any provision of Cr.PC. Even if a person breaches the order or decision taken in a peace committee meeting, he will not invite any consequence. Therefore, the order impugned in this writ petition is patently without jurisdiction and it is set aside. 3.This writ petition is partly allowed. No costs. Connected miscellaneous petitions are closed.

06.03.2024 Internet : Yes/No Index : Yes/No skm To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Melur, Madurai District. 3.The Tahsildar, Madurai East Taluk, Madurai District. 4.The Superintendent of Police, Madurai District. 5.The Inspector of Police, Othakadai Police Station, Madurai District. 3/4

G.R.SWAMINATHAN, J.

SKM W.P.(MD)No.5249 of 2024 and W.M.P(MD)Nos.5028 & 5029 of 2024 06.03.2024 4/4