V.Durairaj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD].No.8435 of 2017 and W.M.P(MD) Nos.6437 and 6438 of 2017 V.Durairaj ... Petitioner Vs.

1. The District Collector Collectorate Building

2. The Tahsildhar Musiri Taluk Musiri,Trichy District

3. The Inspector of Police Pulivalam Police Station Pulivalam ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent dated 15.04.2017 and quash the same as illegal and consequently direct the second respondent to convening the Peace Committee Meeting at the time of yearly temple festival to be conducted to the temple namely Arulmigu Ulaganayagi Amman and Arulmigu Pattavan Temple amoung the Kudipattu Pangaligal at Thinnanur Village, Musiri Taluk in Trichy District.

For Petitioner : Mr.A.C.Asai Thambi For Respondents : Mr.B.Bhagawathi No.1 and 2 Government Advocate

ORDER

This petition has been filed challenging the decision arrived at between the parties in the Peace Committee Meeting conducted by the Tahsildhar, Musiri.

2. It is the case of the petitioner that there is a dispute with regard to the temple situated at Thinnanur Village between two parties. The petitioner made a complaint to the Inspector of

Police against three persons who illegally locked the temple and prevented idol worship. The respondent police without taking any action forwarded the same to the second respondent inorder to conduct Peace Committee Meeting. In the meeting held before the second respondent, a decision was taken to continue to keep the temple locked till both the groups come together in a peaceful manner to perform temple festival. The Key of the temple was handed over to the custody of the Village Administrative Officer, Thinnanur. Aggrieved by the same, the present writ petition has been filed.

3. The dispute between the parties will have to be resolved in the manner known to law before the appropriate civil court. Since celebrations of festival in the temple is causing serious law and order problem, the third respondent police thought it fit to refer the matter to the second respondent inorder to conduct a Peace Committee Meeting. The second respondent called the parties and meeting was conducted in his presence. In the said meeting it was decided that either parties will have to resolve the dispute before the appropriate civil court or parties will have to come together to conduct the temple festival,till then temple will remain closed.

4. This Court is not able to find any illegality in the decision arrived at by the second respondent. There are absolutely no merits to interefere with the said order of the second respondent.

5. Accordingly, the writ petition stands dismissed. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS-I) aav To

1. The District Collector Collectorate Building

2. The Tahsildhar Musiri Taluk Musiri,Trichy District

3. The Inspector of Police Pulivalam Police Station Pulivalam +1 CC TO The Special Government Pleader SR.NO. 87931 W.P.[MD].No.8435 of 2017 28.09.2018 AAV TR/SKN/SAR-I(25.10.2018)3P 5C