Madras High CourtWP(MD)/17539/2019disposed of

M. Alagarsamy v. The District Collector

2019-08-08Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17539 of 2019 and W.M.P.(MD) No.14038 of 2019 M.Alagarsamy ... Petitioner -Vs1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

3.C.Shanmugam 4.K.Perumal ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to convene a peace committee meeting for peaceful conduct of the annual temple festival of Sri Kaliamman temple, Kumarampatti, Inampudhuvadi Village, Manapparai Taluk, Trichy District, by considering the representation of the petitioner dated 27.05.2019 and 30.07.2019.

For Petitioner : Mr.J.Anand Kumar For Respondents : Mr.B.Bhagawathy, G.A. For RR1 & 2

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents 1 and 2 to convene a peace committee meeting for peaceful conduct of the annual temple festival of Sri Kaliamman temple, Kumarampatti, Inampudhuvadi Village, Manapparai Taluk, Trichy District, by considering the representation of the petitioner dated 27.05.2019 and 30.07.2019.

2.Heard Mr.J.Anand Kumar, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents 1 and 2. Since no adverse order is going to be passed against the respondents 3 and 4, notice to them 1/3

is dispensed with.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.In order to celebrate the temple festival at the village temple called Sri Kaliamman Temple at Kumarampatti, Inampudhuvadi village, Manapparai Taluk, Tirchy District, there has been a dispute between the petitioner and the private respondents 3 and 4 and in this regard, a complaint seems to have been made to the 1st respondent office on 14.07.2019 and accordingly, the concerned police had an enquiry with the petitioner as well as the private respondents and ultimately, before the police, it seems that, both parties have agreed to have a peace committee meeting to be conducted by the revenue officials and take an amicable decision to conduct the temple festival in a peaceful manner.

However, no such peace committee meeting since have been convened by the revenue authorities, especially the 1st and 2nd respondents and the festival is already been fixed to be held on 11th of this month, there will be likelihood of some law and order issue in that locality and therefore, all that, the learned counsel appearing for the petitioner wants through this writ petition that, let the revenue officials conduct the peace committee meeting involving both the petitioner's group and the private respondents' group and find an amicable solution.

5.I have heard the learned Government Advocate appearing for the respondents 1 and 2, who would submit that, in order to find a solution to conduct the temple festival amicably, peace committee meeting can be conducted by the 1st and 2nd respondents, especially, the 2nd respondent, where, both the petitioner and the 3rd and 4th respondents' group would be involved and after taking a decision in the peace committee meeting, accordingly, the festival already proposed to have it on 11th day of this month would be conducted strictly maintaining the law and order in that locality. 6.In that view of the matter, having regard to the submissions made by both sides, this Court in inclined to dispose of this writ petition with the following direction:

"The 2nd respondent is hereby directed to convent a peace committed meeting on 10th day of this month at 11.00 a.m. in the office of the 2nd respondent, for which, notice to be given to the petitioner as well as the 3rd and 4th respondents and any other person, who is interested in organizing the festival and accordingly, peace committee meeting shall be conducted, where the 2nd respondent shall find out an amicable solution involving both the groups to conduct the festival on 11th day of this month in a smooth manner. In this regard, aid and 2/3

assistance of the police also can be pressed into service in order to maintain the law and order in that locality. It is made clear that once a notice is issued by the 2nd respondent to have the peace committee meeting, both the petitioner as well as the 3rd and 4th respondents shall appear before the 2nd respondent and after deliberation, if a decision is taken by the peace committee, that will be binding on both side and they shall abide by the decision to be taken by the 2nd respondent in the proposed peace committee meeting and there shall not be any violation of the said decision and if any violation is noticed, it is open to the 2nd respondent as well as the concerned jurisdictional police to take action against the erring persons of both groups or any other third party in that village, in accordance with law "

7.With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Trichy District.

+1CC TO MR.J.ANANDKUMAR, Advocate Sr. No. 80847 Order made in W.P.(MD)No.17539 of 2019 and W.M.P.(MD) No.14038 of 2019 Dated:08.08.2019 AL(CO) TR (09.08.2019) 3P 4C 3/3