Anbalagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13336 and 13338 of 2021 Anbalagan ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur District, Thanjavur.

3.The Principal, Kunthavai Natchiyar Government Womens' Arts College (Autonomous), Thanjavur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings in Na.Ka.No.2682/2021/A3 dated 02.07.2021 by the 2nd respondent and quash the same.

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For Petitioner : Mr.G.Karnan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader

ORDER

Heard the learned counsel on either side.

2.In this writ petition, the peace committee meeting minutes drawn by the second respondent on 02.07.2021 are under challenge. It is well settled that peace committee minutes have no statutory value or force and they do not have any legal consequences also. They are not amenable to challenge in writ jurisdiction also.

3.When I indicated that the writ petition may not lie, the learned counsel for the petitioner pointed out that he is the present administrator of Sengamalanactchiyar temple and that the said temple filed a suit in O.S.No.60 of 2001 on the file of the District Munisf Court, Thanjavur and the said suit was decreed on 30.06.2010. Though no appeal had been filed against the judgment and decree, the petitioner is prevented from enjoying the fruits of the decree. I make it clear that if the petitioner does not want to adhere to the decision taken in the peace committee meeting, the same cannot be coercively enforced against 2/4

him. On the other hand, the petitioner either in his capacity as administrator or devotee of the said temple can very well seek to enforce the decree passed in O.S.No.60 of 2001 on the file of the District Munsif Court, Thanjavur. So long as the said judgment and decree have not been stayed or set aside by the appellate Court, it can always be enforced. Making it clear that authorities will not implement the impugned peace committee meeting decision against the petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

29.06.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur District, Thanjavur.

3.The Principal, Kunthavai Natchiyar Government Womens' Arts College (Autonomous), Thanjavur.

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G.R.SWAMINATHAN, J.

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