Madras High CourtWP(MD)/15525/2021disposed of

Thangapandi v. The District Collector

2021-09-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.15525 of 2021 and Crl.O.P.(MD) No.14526 of 2021 and Crl.M.P.(MD) Nos.7658 and 7659 of 2021 In W.P.(MD) No.15525 of 2021:- Thangapandi .. Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk Office, Kadaladi, 3.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, 4.Katteri Perumal .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent and the 3rd respondent to implement the resolution passed in the Peace Committee Meeting held on 14.08.2019 conducted by the 2nd respondent pertaining to the Sri Pathirakaliamman Temple Thiruvizha of N.Kamarajapuram Village, Narippaiyur Panchayat, Kadaladi Taluk, Ramanathapuram District scheduled to be conducted from 07.09.2021 to 10.09.2021 by considering petitioner's representation dated 05.07.2021.

For Petitioner : Mr.V.Malaiyendran For R1 to R3 : Mr.RMS.Sethuraman Additional Public Prosecutor 1/4

In Crl.O.P.(MD) No.14526 of 2021:- 1.Thangapandi 2.Marimuthu 3.Gurusamy 4.Thirumanichelvam 5.Arivalagan 6.Gurusamy 7.Ramanathan 8.Marimuthu 9.Jayavel 10.Selvaganesh ... Petitioners/B-Party Vs.

1.The Sub Divisional Magistrate, Paramakudi Ramanthapuram District.

2.The Inspector of Police, Sayalgudi Police Station, ..Respondents 3.Katteri Perumal ..3rd Respondent/A Party PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the proceedings issued by the first respondent in 393/2020 dated 18.03.2021 and quash the same in so far as these petitioners are concerned.

For Petitioners : Mr.V.Malaiyendran For R1 and R2 : Mr.RMS.Sethuraman Additional Public Prosecutor COMMON ORDER W.P.(MD) No.15525 of 2021 has been filed seeking writ of mandamus, directing the respondents 2 and 3 to implement the resolution passed in the Peace Committee Meeting held on 14.08.2019 conducted by the 2nd respondent pertaining to the Sri Pathirakaliamman Temple Thiruvizha of N.Kamarajapuram Village, Narippaiyur Panchayat, Kadaladi Taluk, Ramanathapuram District scheduled to be conducted from 07.09.2021 to 10.09.2021 by considering petitioner's representation dated 05.07.2021. 2/4

2.When the matter was taken up for hearing on 15.09.2021, the learned Additional Public Prosecutor has submitted that because of the dispute arose between two groups regarding conduct of the temple festival, proceedings under Section 107 of Cr.P.C. have been initiated. He has also submitted that only some of the parties appeared before the Revenue Divisional Officer and others did not. On that ground, for getting instructions from the Revenue Divisional Officer, the matter was directed to be listed today. 3.When the matter is taken up for hearing today, the learned counsel for the petitioner and the learned Additional Public Prosecutor would submit that both the parties appeared before the Enquiry Officer and participated in the Peace Committee Meeting and resolved the dispute.

4.Since agreement has been reached between the parties, W.P. (MD) No.15525 of 2021 has now become infructuous. The resolution of the Peace Committee Meeting is also placed on record. 5.Crl.O.P.(MD) No.14526 of 2021 has been filed seeking quashment of the proceedings initiated by the 1st respondent in Proceedings No.393 of 2020 dated 18.03.2021.

6.Since the matter has been compromised between the parties by way of Peace Committee Meeting resolution, Crl.O.P.(MD) No.14526 of 2021 has also now become infructuous.

7.In the result, i) W.P.(MD) No.15525 of 2021 is disposed of as infructuous. No costs.

ii) Crl.O.P.(MD) No.14526 of 2021 is also disposed of as infrutuous. The proceedings initiated under Section 107 of Cr.P.C. against this petitioners in Crl.O.P.(MD) No.14526 of 2021 in Proceedings No.393 of 2020 has become inoperative. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Tahsildar, Kadaladi Taluk Office, Kadaladi, 3.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, 4.The Sub Divisional Magistrate, Paramakudi Ramanthapuram District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.15525 of 2021 and Crl.O.P.(MD) No.14526 of 2021 and Crl.M.P.(MD) Nos.7658 and 7659 of 2021 28.09.2021 PS(CO) KB(11.10.2021) 4P 6C 4/4