Abubaker Siddik (Razhi) Jum A Mosque v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)Nos.12324 & 12327 of 2021 Abubaker Siddik (Razhi) Jum A Mosque, Rep. by its Secretary, R.Akbar, Madagupatti, Sivagangai Taluk, Sivagangai District.

... Petitioner /Vs./

1. The District Collector District Collector Office, Sivagangai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai

3. The Tahsildar Sivagangai Taluk, Sivagangai District.

4. P.Chidambaram ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare that the peace committee meeting held at Madagupatti Village, Sivagangai Taluk, Sivagangai District, dated 1/6

22.02.2021 and the resolution arrived therein to be non est in law and without the authority of law.

For Petitioner : Mr.Mohaboob Athif For Respondents : Mr.D.Gandhi Raj, Special Government Pleader for R1-R3 : Mr.R.Karunanidhi for R4

ORDER

This writ petition has been filed challenging the resolution passed in the Peace Committee Meeting, dated 22.02.2021.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. There was a dispute between the Muslim religion and the fourth respondent herein regarding the allotment of burial ground. Therefore, both were appeared before the third respondent to resolve their dispute. Accordingly, the third respondent convened a meeting in which, both the group are agreed to have a burial ground in the land comprised in Survey No.8/1, Madagupatti Village, Sivagangai to an extent of 20 cents for the 2/6

Muslim religion people including the Madagupatti Muslim Jamath. Accordingly, the revenue department allotted the said land for burial ground.

4. Now, it has been challenged by the petitioner on the ground that they are not the party to the peace committee meeting and behind their back, some of the muslim persons appeared and agreeing for the same. That too, when the third respondent proposed to allot the burial ground in survey no.80/6 in the total extent of 0.40.47 acres for Madhagupatti Muslim General Public.

5. The learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that the order passed by the third respondent cannot be sustained since it has no legal sanctity and it has no evidential value. When there is a dispute between two groups, in order to pacify the same, the third respondent, who is being the revenue authority, convened a meeting to resolve the dispute between them. In the said Peace Committee Meeting, both the parties appeared and then 3/6

they themselves settled the issue amicably and resolve the same and the same has been recorded in the Peace Committee Meeting. Therefore, it is not an order passed by any of the officer, who conduct the Peace Committee Meeting. Therefore, admittedly, it has no legal sanctity and it has no evidential value. If at all any violation by the parties by following the resolution, the aggrieved person has to approach only the Civil Court for appropriate relief as against the counter party.

6. In the case on hand, the Muslim religion people and the fourth respondent group had dispute in respect of allotment of the land for burial ground, therefore, the third respondent convened a Peace Committee Meeting and in the Peace Committee Meeting, both parties had resolved their dispute and passed a resolution. Further, the petitioner is not a party in the Peace Committee Meeting, he has no locus standi to challenge the resolution passed by the third respondent.

7. This Court finds no infirmity or illegality in the resolution passed by the third respondent and the writ petition is devoid of merits and it is liable to be dismissed.

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8. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 20.12.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No AM TO:-

1. The District Collector District Collector Office, Sivagangai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai

3. The Tahsildar Sivagangai Taluk, Sivagangai District.

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G.K.ILANTHIRAIYAN , J.

AM Order made in Dated:

20.12.2024 6/6