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Madras High CourtWP(MD)/16413/2016disposed of

Kannadasan, S/O.R.Perumal, v. The State Rep. By

2016-09-02Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16413 of 2016 Kannadasan ... Petitioner -vs1.The State represented by the District Collector, Tiruchirappalli.

2.The Revenue Divisional Officer, Musiri, Trichy District 3.The Tahsildar, Thuraiyur Trichy District 4.The Deputy Superintendent of Police Musiri, Trichy District 5.The Inspector of Police Thuraiyur, Trichy District 6.Rengaraj 7.Venkatachalam .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to implement the orders of the civil Court, Sub Court, Trichirappalli in I.A.No.553/2012 in O.S.No.469/2012 dated 16.07.2012 in the matter of any contemplated celebration of any festival or leading of the deities of Selvamariamman Koil and Pidari Palayathal Poonatchiamman through village streets of Maruvathur, Thuraiyur Taluk, Trichy District. For Petitioner : Mr.V.Singan For Respondent : Mr.R.Karthikeyan Addl. Govt. Pleader

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to implement the orders of the Sub Court, Trichirappalli in I.A.No.553/2012 in O.S.No.469/2012 dated

16.07.2012 in the matter of any contemplated celebration of any festival or leading of the deities of Selvamariamman Koil and Pidari Palayathal Poonatchiamman through village streets of Maruvathur, Thuraiyur Taluk, Trichy District. 2.Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4. The learned counsel for the petitioner would submit that in respect of the dispute between two community people to make celebrations in the Temple, a suit in O.S.No.469/2012 is pending before the Sub Court, Tiruchirappalli. In the said suit, an application in I.A.No.553/2012 has been filed praying for injunction thereby restraining the respondents therein from in any way taking out the suit deities from the temple area. In the said application, an order has been passed. However, the said order has not been implemented by the respondents herein. Therefore, to implement the order of the Sub Court, the petitioner is before this Court with this petition.

5.The order passed by the Sub Court in I.A.No.553/2012 reads as under:

"Heard. Peruse petition. Affidavit and documents. The counsel for the petitioner apprehends that there may be law and order problem if the deities are taken out from the temple. The petitioner/plaintiff are ready for any workable arrangement. Hence the counsel feels the concerned officer/ higher officials/ Executive Magistrates may call for a peace committee meeting consisting of both officers and work out a suitable remedy. Since any festival is stated to be held on 20.03.2012, the concerned officer, namely, D.S.P., Musiri/Thuraiyur P.S., and Executive Magistrate Class II, Thuraiyur and Executive Magistrate Class I, Musiri are directed to take immediate steps to ensure- peace in the area. The District Collector and the S.P. Of Police, Trichy District are requested to supervise the matter notice to respondents by 27.07.2012."

6. The learned Additional Government Pleader would submit that in order to ensure peace in that area, it is agreeable for them to convene a peace committee meeting as per the order of the Sub Court, Trichy dated 16.07.2012.

7. In view of the submissions made by the learned Additional Government Pleader, the writ petition is disposed of directing the respondents to convene a peace committee meeting and based on the resolutions, the respondents are directed to take further decision on merits and in accordance with law, on or before 04.09.2016.

Sd/ Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Tiruchirappalli.

2.The Revenue Divisional Officer, Musiri, Trichy District 3.The Tahsildar, Thuraiyur Trichy District 4.The Deputy Superintendent of Police Musiri, Trichy District 5.The Inspector of Police Thuraiyur, Trichy District +1CC to the Special Government Pleader, SR.No. 49945 W.P(MD)No.16413 of 2016 02.09.2016 RR AM/AAL.MPA/SAR-I/02.09.2016/3P/7C