M/S.Vairamuthu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.15600 of 2018 and W.M.P.(MD) No.14021 of 2018 M.Vairamuthu ... Petitioner vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai-600 034

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Srirangam, Trichy-6

3. The District Collector, Karur.

4. The Revenue Divisional Officer cum Sub-Divisional Magistrate, Kulithalai, Karur District.

5. The Tahsildar, Kulithalai Taluk, Karur District.

6. P.Sivasubramanian

7. C.Manickam

8. Kuppamuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the impugned proceedings of the 4th respondent in Na.Ka.A3/3483/2018 dated 10.7.2018 and quash the same and consequently forbear the 4th respondent from implementing the said proceedings.

For Petitioner :

Mr.V.Singan For Respondents :

Mr.A.Muthu Karuppan Additional Government Pleader for R1 to R5 Mr.K.Prabhu for R6 to R8

O R D E R

What is challenged in this writ petition is a notice issued by the fourth respondent directing the petitioner to participate in the peace committee meeting scheduled to be convened on 14.07.2018 in order to sort out the difference between the petitioner and the private respondents.

2. When the matter is taken up for hearing, it is represented by the learned counsel appearing for the respondents 6 to 8 that the peace committee meeting could not be convened in view of the pendency of litigation and in any event, convening of peace committee meeting cannot be a subject matter of the pending litigation.

3. This Court is in agreement with the submissions made by the learned counsel appearing for the respondents 6 to 8. It is not open to the petitioner to challenge the notice issued by the fourth respondent directing the petitioner to participate in the peace committee meeting in order to settle the dispute between him and the private respondents amicably. In case the petitioner is aggrieved by the decision taken by the fourth respondent in the peace committee meeting, he can always take further steps in the manner known to law. It is certainly not open to him to approach this Court directly by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India.

4. For the above said reasons, this writ petition is per se not maintainable and the same is dismissed. It is always open to the petitioner to workout his remedy in the manner known to law, if he is so advised. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar (CS-)

To:

1. The Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Srirangam, Trichy-6.

3. The District Collector, Karur.

4. The Revenue Divisional Officer-cum- Sub-Divisional Magistrate, Kulithalai, Karur District.

5. The Tahsildar, Kulithalai Taluk, Karur District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 86755 + 1 CC TO Mr.K.PRABHU, ADVOCATE IN SR No. 87112 KRK TE/SKN/SAR-1 : 12/10/2018 : 3P/8C W.P.(MD) No.15600 of 2018 and W.M.P.(MD) No.14021 of 2018 25.09.2018