Athikkan Nadar.A v. The Dist Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN & WMP(MD) Nos.8668 & 8669 of 2021 A.Athikkan Nadar ... Petitioner Vs
1. The Director Collector, Tuticorin District, Tuticorin.
2. The Revenue Divisional Officer, Tirucendur Divison, Tiruchendur, Tuticorin District.
3. The Superintendent of Police, Tuticorin District, Tuticorin
4. The Deputy Superintendent of Police, Srivaikundam, Tuticorin District.
5. Venkatesan The Deputy Superintendent of Police, Srivaikundam, Tuticorin District.
6. Kumarasamy Raja Dinesh
7. Senthil
8. R.Ahobal Nadar
9. A.Kumaraswamy Nadar (*R6 to R9 impleaded as per order of this Court in WMP(MD) Nos.2499 of 2022 & 14671 of 2021 dated 22.02.2022) ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 4th respondent's meeting and its decision to 1/4
select the Executive Committee of Melapudukudi Village, Tiruchendur Taluk, Tuticorin District dated 07.03.2021 and quash the same as illegal and without Jurisdiction and consequently direct the 2nd respondent to convene the meeting of Melapudukudi Village people and elect the Executive Committee for the Administration of Melapudukudi Village, Tiruchendur Taluk, Tuticorin District. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.K.Sanjai Gandhi R1 to R5 Government Advocate (Crl.Side) R6 to R7 : Mr.M.S.Jeyakarthik R8 & R9 : Mr.H.Velavadhas
O R D E R
This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records of the 4th respondent's meeting and its decision to select the Executive Committee of Melapudukudi Village, Tiruchendur Taluk, Tuticorin District dated 07.03.2021 and quash the same as illegal and without Jurisdiction and consequently direct the 2nd respondent to convene the meeting of Melapudukudi Village people and elect the Executive Committee for the Administration of Melapudukudi Village, Tiruchendur Taluk, Tuticorin District.
2.The case of the petitioner is that he is one of the members of Melapudukudi village, Tiruchendur Taluk. The said village is ruled by Arunjunai Katha Ayyanar Temple and it administered by its members. The said village was divided into eight parts and in every part, one member will represent for the said part to administer the temple. A committee was formed with all the members. The members of the committee are also administering the village with regard to, the culture and other events. While being so, without presence of the petitioner, the Committee convened the meeting to select the Executive Committee Members for Melapudukudi village, Tiruchendur Taluk on 07.03.2021 and selected the fifth respondent and others. 3.The learned counsel appearing for the petitioner would submit that the fourth respondent is not a competent person to convene the meeting to select the Executive Committee Members for the Melapudukudi village, Tiruchendur Taluk. The common person is the second respondent.
4.The learned counsel appearing for the fifth respondent submitted that on 27.03.2021, a Peace Committee Meeting was conducted between both the parties, in front of the Tahsildar. As per the resolution made, both parties were extended their cooperation to conduct Panguni Uthira festival in a smooth manner and at the time of festival, the old Administrative Members, shall wore the jewels to the God & Goddess and again receive the same and keep in a safe place, after the completion of the festival. Further both 2/4
the parties agreed to take responsibility for the festival, if there is any law and order issue. Both the parties agreed and signed in the resolution. There is no law and rule to convene village committee meeting among the villagers. They themselves conducted the meeting to select their representatives for their respective parts to conduct all cultural programmes and festivals. In this regard, the petitioner was not selected as an Executive Member and as such, the petitioner filed this Writ Petition. That apart, there is no question of competency to convene the meeting, since there is no procedure to follow to convene village committee meeting. Therefore, this Writ Petition is devoid of merits.
5.In view of the above, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. The Director Collector, Tuticorin District, Tuticorin.
2. The Revenue Divisional Officer, Tirucendur Divison, Tiruchendur, Tuticorin District.
3. The Superintendent of Police, Tuticorin District, Tuticorin
4. The Deputy Superintendent of Police, Srivaikundam, Tuticorin District.
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5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.ANANTH C RAJESH, Advocate ( SR-7994[F] dated 23/02/2022 ) +1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-7989[F] dated 23/02/2022 ) ORDER IN WP(MD) No.11037 of 2021 Date : 22/02/2022 SB(CO) TR(28.03.2022) 4P 8C 4/4