P.L.Subbaiah v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)Nos.594 & 595 of 2017 P.L.Subbaiah ...Appellant/3rd Respondent in both appeals -Vs1. The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

2. The Tahsildar, Ponnammaravathi Taluk, Ponnammaravathi, Pudhkkottai District.

... RR1 and 2/Respondents 1 & 2 in both appeals 3.M.S.Ramachandran ... R3/Petitioner in WA(MD).No.594/2017 4.C.Palanivel ... R3/Petitioner in WA(MD).No.595/2017 COMMON PRAYER: These writ appeals are filed under Clause 15 of Letters Patent, to set aside the order in W.P.(MD)No.5953 & W.P (MD).No.6089 of 2017 respectively, dated 06.04.2017 on the file of this Court.

Prayer in WP(MD). 5953/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ or direction or order, or any other writ or order in the nature of Writ of Mandamus directing the 1st respondent to ensure and to ascertain that the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Pudukottai scheduled to be celebrated on 08.04.2017 will be conducted in a smooth and peaceful manner by all the villagers jointly without claiming any right of Ambalam on Honour or first respect by anybody on the basis of the order passed by the 1st respondent on 01.04.2017 and

to pass such other and further orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Prayer in WP(MD). 6089/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records relating to the impugned peace committee order dated 01.04.2017 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to conduct a fresh peace committee meeting after affording proper opportunity to all parties who were parties to the original 2nd respondent proceedings in peace committee dated 30.03.2017 in Na.Ka.No.1708/2017/A3.

For Appellant in both appeals : Mr.P.Ganapathi Subramanian For Respondents in W.A.No.594/17: Mr.T.S.Md.Mohideen, AGP for R1 & R2 Mr.S.Karthick Kumar for Mr.Balu Rajendran for R3 For Respondents in W.A.No.595/17: Mr.TS.Md.Mohideen for R1 & R2 Mr.A.U Ramanathan for R3.

C O M M O N J U D G M E N T [Judgment of the Court was made by G.R.SWAMINATHAN, J.] These writ appeals are directed against the common order dated 06.04.2017 made in W.P.(MD)Nos.5953 and 6089 of 2017. 2.While disposing of the writ petitions, the learned Judge gave a direction to the authorities to conduct the Pongal Festival of Arulmigu Sri Maha Ezhuvakka Nachiamman Temple, Kandeduthanpatti, Puthukottai without giving special honours i.e., "First Respect" or any other form or honour to any of the parties. Aggrieved by the said order, the third respondent in the writ petitions is on appeal.

3.The learned counsel appearing for the appellant contended that he had been traditionally receiving the "First Respect" during the festival and it is also admitted by the writ petitioners themselves. According to him, the learned Single Judge erred in giving direction in prohibiting form of such honours without hearing the appellant, who was shown as third respondent.

4.We find force in the said submission. When the appellant herein was shown as a respondent in the writ petitions, no orders to his prejudice could have been passed without hearing him. 5.In any event, nothing survives in the present appeals. Because, the festival had already been celebrated for the present year. We therefore dismiss these writ appeals as infructuous. However, we make it clear that the order made in W.P.(MD)Nos.5953 and WP(MD).No.6089 of 2017 is strictly confined to conduct of the festival for the current year alone and that the issue that may arise during the next year would be independently considered. In other words, the order dated 06.04.2017 made in WP(MD) Nos.5953 and WP(MD).No.6089 of 2017 would not be cited as a precedent to the prejudice of the appellant herein if the issue arises during the next year. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

2. The Tahsildar, Ponnammaravathi Taluk, Ponnammaravathi, Pudhkkottai District.

+1 cc to Mr.Babu Rajendran , Advocate in SR.No. 67497 +2ccs to Mr.P.Ganapathi Subramanian, Advocate,SR.Nos.67259,67260 +1 cc to Mr.AN.Ramanathan , Advocate in SR.No. 67387 skm/smi AE/SKN RSK/SAR4/17.08.2017/3P/7C W.A.(MD)Nos.594 & 595 of 2017 24.07.2017