Thavamani v. The Revenue Divisional Officer

1 W.P.(MD)NO.5795 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5795 of 2024 AND W.M.P.(MD)No.5464 of 2024 Thavamani ... Petitioner Vs.

1. The Revenue Divisional Officer, Usilampatti, Madurai District.

2. The Tahsildar, Usilampatti Taluk, Madurai District.

3. The Inspector of Police, Valanthur police station, Madurai District.

4. Arul ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No. 946/2024/A1 dated 06.03.2024 and quash the same as illegal and consequently direct the respondents 1 to 3 to permit the petitioner and celebrate the Temple Mahashivarathri festival scheduled to be held from 08.03.2024 to 10.03.2024 at Kovilankulam, Usilampatti Taluk, Madurai District.

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2 W.P.(MD)NO.5795 OF 2024 For Petitioner : Mr.S.Vikram For R-1 & R-2 : Mr.S.Kameshwaran, Government Advocate.

For R-3 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner challenges the impugned proceedings dated 06.03.2024 issued by the Revenue Divisional Officer, Usilampatti restraining the parties from conducting the petition mentioned Maha Shivaratri festival. Such decision was taken in the peace committee meeting.

3. I have been consistently holding that peace committee meeting decisions do not have any statutory backing and no legal consequence can flow therefrom. It is not amenable to challenge in the writ jurisdiction.

4. The impugned proceedings are set aside insofar as they retrained the conduct of the petition mentioned Maha Shivaratri festival. The petitioner and the fourth respondent are having rival claims on 2/4

3 W.P.(MD)NO.5795 OF 2024 several aspects. They are not gone into in the writ petition. The only relief given is that the revenue authorities cannot restrain the conduct of the petition mentioned Maha Shivaratri festival. This writ petition is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.

07.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Revenue Divisional Officer, Usilampatti, Madurai District.

2. The Tahsildar, Usilampatti Taluk, Madurai District.

3. The Inspector of Police, Valanthur police station, Madurai District.

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4 W.P.(MD)NO.5795 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.5795 of 2024 07.03.2024 4/4