Periyannan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7182, 7183 and 7184 of 2022 1.Periyannan 2.Periyasamy 3.P.Algarsamy ... Petitioners Vs.
1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.
3.The Tahsildar, Thirumangalam Taluk, Madurai District.
4.The Inspector of Police, Thirumangalam Police Station, Madurai District.
5.Muniyandi 6.R.Rajangam 7.Malaichamy 8.R.Rajaram 1/6
9.M.Nagarajan 10.S.Vijayaraman 11.V.Ayyasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records Na.Ka.No.1767/2022/A1 on the file of the 2nd respondent Revenue Divisional Officer, Thirumangalam, dated 11.05.2022 quash the all related further proceedings, and consequently direct the respondents 1 to 4 to implement conclusion taken at peace committee meeting held before 3rd respondent dated 06.05.2022.
For Petitioners : Mr.J.Gunaseelanmuthiah For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R4.
Mr.N.Vallinayagam for R7 to R11.
ORDER
Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for the respondents 1 to 4 and the learned counsel for the respondents 7 to 11.
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2.The case on hand pertains to conducting of the petition mentioned temple festival. A peace committee meeting was convened by the Tahsildar, Thirumangalam on 06.05.2022. A decision was taken that since no consensus could be arrived at among the seven pangalies, the festival itself will not be allowed to be held. Questioning the same, the private respondents moved the Revenue Divisional Officer, Thirumangalam. The Revenue Divisional Officer, Thirumangalam, issued notice dated 11.05.2022 calling upon the rival parties to attend the peace committee meeting. Challenging the same, this writ petition has been filed.
3.It has been held time and again that a decision taken in a peace committee meeting is bereft of any statutory backing or force. The Tahsildar could not have taken a decision to ban the holding of the temple festival on 06.05.2022. The question of filling an appeal against the said decision does not arise. The provisions said out in Criminal Procedure Code have not been invoked. Since I have already held that the decision taken on 06.05.2022 cannot be enforced by the statutory authorities on its own, the question of entertaining a challenge to the impugned notice does not arise at all. 3/6
4.With the aforesaid observations and clarifications, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
10.08.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Madurai District.
2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.
3.The Tahsildar, Thirumangalam Taluk, Madurai District.
4.The Inspector of Police, Thirumangalam Police Station, Madurai District.
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G.R.SWAMINATHAN, J.
ias 10.08.2022 (2/3) 6/6