Madras High CourtWP(MD)/6902/2017disposed of

R.Manikandan @Ayyappa v. The District Collector

2017-04-17Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6902 of 2017 and W.M.P.(MD) Nos.5446 & 5447 of 2017 R.Manikandan @ Ayyappamanikandan ... Petitioner -vs1.

The District Collector, Dindigul District,Dindigul.

The Revenue Divisional Officer, Dindigul Revenue Division, Dindigul, Dindigul District.

The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.

The Superintendent of Police, Dindigul District, Dindigul.

The Deputy Superintendent of Police,(Rural) Deputy Superintendent of Police Office, Dindigul.

The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

A.Sivakumar 8.

R.Thiagarajan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 3rd respondent herein to implement peace committee decision dated 23.03.2017 in Na.Ka.No. 07/2017/A2 and to prevent the 7th and 8th respondent from conducting the Sri Kaliamman Sri Bhagavathyamman Temple Festival situated at Mottanampatti in Adiyanoothu Village as a separate group.

For Petitioner :

Mr.D.Selvaraj For R1 to R6 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader For R7 & R8 :

Mrs.Baby Sudha

O R D E R

This petition has been filed, seeking to direct the 3rd respondent herein to implement peace committee decision dated 23.03.2017 in Na.Ka.No. 07/2017/A2 and to prevent the 7th and 8th respondent from conducting the Sri Kaliamman Sri Bhagavathyamman Temple Festival situated at Mottanampatti in Adiyanoothu Village as a separate group.

2. Admittedly, there was a dispute between the petitioner, belonging to 'A' party and the respondents 7 & 8 belonging to 'B' party with regard to the celebration of Sri Kaliamman Sri Bhagavathyamman Temple Festival situated at Mottanampatti in Adiyanoothu Village, Dindigul District and a peace committee meeting was held on 23.03.2017, in which amicable settlement could not be arrived at, as the parties had taken uncompromising stance. Therefore, the Tahsildar by his report dated 23.03.2017 has held that permission can be granted for celebrating the festival only after both the parties come to a compromise amicably and not otherwise. Of course, he has also stated that if anyone wants to worship in the Temple as an ordinary devotee, the same cannot be prevented. In this background, the petitioner, who belongs to 'A' party is before this Court with the above prayer.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the State and the learned counsel for the respondents 7 & 8.

4. Learned Additional Government Pleader submitted that on the complaint given by one Thiyagarajan/R8, the Police registered a case in Crime No.161 of 2017 under Sections 147, 153, 153-A and 153-B IPC against the petitioner herein and the investigation is pending.

5. Learned counsel for the respondents 7 & 8 submitted that after the peace talks, there were some settlement between two factions in the Village and they are now willing to iron out their differences and come out with an amicable solution for celebrating the temple festival peacefully.

6. If that is so, both the parties are directed to immediately approach the Tahsildar and submit a representation and on such representation being given, the Tahsildar, Dindigul East Taluk, Dindigul District shall conduct a Peace Committee Meeting and if an amicable solution is arrived at in the Peace Committee Meeting, then the authorities may permit the conduct of the festival peacefully.

7. With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To: