K.R.Elango v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.11915 of 2018 and W.M.P.(MD) No.10876 of 2018 K.R.Elango ... Petitioner vs.

1.The District Collector Office of the District Collector Sivagangai District.

2.The Revenue Divisional Officer Thiruppathur Taluk Sivagangai District.

3.The Tahsildhar Singampunari Taluk Sivagangai District.

4. K.Kalidass Yadav

5. K.Periyasamy

6. A.L.Muthiah (Temple Poosari)

7. Pandi

8. S.Machakalai

9. R.Sevugaperumal

10. K.Muthiah @ Bhaskar

11. B.Saravanan

12. Karmegam(Senior Samiyaddi)

13. P.Pandiyan

14. V.Karuppaiah

15. S.Ravichandran 16.Meenal ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to prevent the respondent 4 to 16 from conducting the Velli Pooja festival by Pillaisevugan group which is scheduled to be conducted on 7 and 8June 2018 and any other dates in Sri Velankudi Sambirani Karuppar Temple Home situated at Aralikottai Village, Singampurani Taluk, Sivagangai District and consequently direct the respondents 4 to 16 to conduct the festival in the year 2020-2021 by the Thiraniyapuram group as per the customary practice by considering the petitioner's representation dated 29.05.2018. For Petitioner :

Mr.Mr.A.J.Ajmalkhan Senior Counsel for M/s.D.S.Haroon Rasheed For Respondents :

Mr.N.Shanmuga Selvam No.1 to 3 Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Notice to the respondents 4 to 16 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The issue involved in the present writ petition is with regard to the rights of the petitioner and the respondents 4 to 16 for conducting Velli Pooja function scheduled to be held on 07.06.2018 and 08.06.2018 at Sri Velankudi Sambirani Karuppar Temple Home situated at Aralikottai Village, Singampunari Taluk, Sivagangai District.

4. Today (05.06.2018), when the matter is called, it is brought to my notice that in connection with the dispute the third respondent herein had already initiated peace talks and the petitioner as well as the private respondents herein were also participated in the same. When the third respondent had seized of the matter and has initiated peace talks, it would not be appropriate for this Court to interfere with the proceedings but rather to permit the third respondent to arrive at amicable settlement to the dispute. Since the festival is scheduled to function on 07.06.2018, it would be appropriate that the peace meeting be completed on or before 06.06.2018.

5. In the result, there shall be a direction to the third respondent to complete the peace meeting on or before 06.06.2018 and during the course of meeting, the third respondent shall ensure

that due opportunity is being given to the petitioner as well as to the respondents 4 to 16 herein and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector Office of the District Collector Sivagangai District.

2. The Revenue Divisional Officer Thiruppathur Taluk Sivagangai District.

3. The Tahsildhar Singampunari Taluk Sivagangai District.

+2CC to Mr.D.S.Haroon Rasheed Advocate in SR.NO.66668. AAV DS/SKN-RSK/SAR-2 :05.06.2018: 3P/6C W.P.(MD) No.11915 of 2018 05.06.2018