Madras High CourtWP(MD)/17641/2015disposed of

K. Sekar v. The District Collector

2015-09-30Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17641 of 2015 K.Sekar ..Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Ilayangudi, Sivagangai District. ..Respondents Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the representation of the petitioner, dated 17.09.2015 in accordance with law, within the time stipulated by this Court and thereby ensure that the decision, dated 02.09.2014 at the peace committee meeting by the second respondent is complied with in letter and spirit.

For petitioner : Mr.D.Sadiq Raja For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to consider the representation of the petitioner, dated 17.09.2015 in accordance with law within a stipulated time and to ensure that the decision, which has been taken at the peace committee meeting conducted by the second respondent on 02.09.2014, is complied with in letter and spirit.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. In the affidavit it has been averred that the petitioner is residing in Aranmanaikarai Village, Ilayangudi Taluk, Sivagangai District and Punitha Jebamalai Madha Church is situated within the jurisdiction of Kalangathankottai Panchayat, Ilayangudi Taluk, Sivagangai District. The said church was constructed only recently and for the past three years festival is being conducted in the church. In all those years, car procession was taken through Mariamman Kovil, which falls within the jurisdiction of Aranmanaikarai Panchayat. The people of Aranmanaikarai made a protest for the same. In pursuance to the same, peace committee meetings were held by the second respondent so as to avoid law and order problem. In one of the peace committee meetings, dated 02.09.2014 representatives from Aranmanaikarai Panchayat and Kalangathankottai Panchayat had participated and decisions were arrived at that the car procession should be proceeded through Sooranam Salai, Panchayat Union Middle School Salai Via, Kalangathankottai Ex-President house route and https://hcservices.ecourts.gov.in/hcservices/

to return in the same route. Thereafter, on 17.09.2015, the petitioner has made a representation to the respondents to take all the effective steps to direct the functionaries of the Church to comply with the decision taken in the peace committee meeting on 02.09.2014. Since the same was not considered so far, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the second respondent to consider the representation of the petitioner, dated 17.09.2015 and pass orders on merits and in accordance with law on or before 09.10.2015, by affording an opportunity of hearing to all the necessary parties. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Ilayangudi, Sivagangai District.

+1cc to M/s.D.Sadiq Raja, Advocate in SR.No.57635 +1CC to the Special Government Pleader, in SR.No.58110 W.P(MD).No.17641 of 2015 30.09.2015 pm PBK/SK-SKN/SAR-II 05/10/2015 ::2P-6C::

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