Madras High CourtWP(MD)/10860/2022disposed of

Manikandan v. The Thasildhar

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10860 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10860 of 2022 and W.M.P.(MD)No.7816 of 2022 Manikandan ... Petitioner Vs 1.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

2.Manohar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the order passed by the first respondent during the peace meeting held on 26.03.2022 in his proceedings in Mu.41/2022/A3 and quash the same as arbitrary.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.M.Sarangan Additional Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

2. The petitioner claims that he is the son of one, Rasu. The said Rasu is said to have married one, Parvathi as well as the petitioner's mother Lalitha @ Nalli. The said Rasu has passed away. However, it is alleged that the son born to the said Rasu through the first wife has prevented the petitioner from entering his name in the legal heir certificate. That led to filing of O.S.No.51 of 2020 on the file of the District Munsif Court, Thirumayam, seeking declaration that the petitioner was born to the said Rasu through his second wife and the suit is still pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10860 of 2022

3. In the meanwhile, the Village Temple Management has declined to collect which is known as Festival Tax from the petitioner. Therefore, a peace meeting was convened on 26.03.2022 and certain decisions were taken. Aggrieved by the same, this writ petition came to be filed.

4. It is well settled that the peace meeting convened by the Tahsildar or Revenue Divisional Officer are only to ensure the maintenance of law and order and public tranquility. Those proceedings have no legal sanctity as such. Therefore, they are not amenable to challenge in a writ petition. The impugned proceedings cannot in any way affect the legal rights of the petitioner also. Therefore, the question of interfering with the impugned decision taken in the peace meeting does not arise at all. However, there is merit in the petitioner's counsel contention that a direction can be given for speedy disposal of the suit filed by the writ petitioner.

4. Taking note of the said submission, I hereby direct the learned District Munsif, Thirumayam, to dispose of O.S.No.51 of 2020 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To:

1. The District Munsif, Thirumayam 2.The Tahsildar, Thirumayam Taluk,Pudukkottai District.

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL.GP ( SR-24885[F] dated 09/06/2022 ) W.P.(MD)No.10860 of 2022and W.M.P.(MD)No.7816 of 2022 07.06.2022 RD(15.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2