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Madras High CourtWP(MD)/18572/2021disposed of

Ramasamy.P v. The District Collector

2021-10-21Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD)Nos.15325 and 15326 of 2021 P.Ramasamy ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam, Trichy District.

3.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the second respondent in Na.Ka.A1/3471/2021 dated 04.10.2021 quash the same as illegal and consequently, directing the first respondent to implement the decision of the third respondent arrived in the peace committee meeting vide report in Na.Ka.Aa5/4037/2021 dated 29.09.2021.

For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner challenges the minutes of the peace committee meeting dated 04.10.2021 and seeks implementation of the decision of the third respondent at the peace committee meeting held on 29.09.2021.

2.The petitioner states that miscreants belonging to a political party attempted to erect their flagpoles near the village temple, school and other public places. Therefore, a dispute arose. In order to resolve such dispute, a peace committee meeting was conducted by the third respondent. According to the petitioner, the third respondent directed that such flagpoles should not be erected and also that the pathway to the burial place should not be altered. However, the petitioner states that a subsequent peace committee meeting was convened by the second respondent. It is stated that the said peace committee meeting arrived at decisions that impact the pathway which has been in existence for a considerable period of 1/3

time. Therefore, after submitting a representation dated 05.10.2021, the present writ petition is filed.

3.Mr.P.Subbaraj, learned Counsel for the State, accepts notice on behalf of all the respondents. He points out that the peace committee meeting convened by the third respondent could not be concluded effectively in view of the failure to arrive at an understanding between the participants at such peace committee meeting. On the contrary, he points out that the peace committee meeting held on 04.10.2021, at the instance of the second respondent, was concluded successfully. He also points out that there are several signatories to the minutes of the peace committee meeting and that the order impugned cannot be tested without providing a reasonable opportunity to the participants and signatories at the said peace committee meeting. 4.

As correctly pointed out by learned counsel for the State, the proceedings of the peace committee meeting cannot be interfered with without providing a reasonable opportunity to the participants at such meeting. However, the petitioner has submitted a representation dated 05.10.2021 to the District Collector whereby he has canvassed his grievances with regard to the peace committee meeting held on 04.10.2021. Therefore, the said representation may be considered and disposed of after providing a reasonable opportunity to the representatives of the disputing factions. 5.Accordingly, W.P.(MD)No.18572 of 2021 is disposed of by directing the first respondent to consider and dispose of the petitioner's representation dated 05.10.

2021 after providing a reasonable opportunity to the members of the contesting factions, including those who participated in the peace committee meeting held on 04.10.2021. A reasoned order shall be issued by the first respondent within a period of two (2) months from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, W.M.P.(MD)Nos.15325 and 15326 of 2021 are closed.

Sd/- Assistant Registrar (Per.Admn) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirengam, Trichy District.

3.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

+1 CC to M/s.SPL.GP (SR-32240[F] dated 22/10/2021) and W.M.P.(MD)Nos.15325 and 15326 of 2021 21.10.2021 SRK(CO) GC/UV(08.11.2021) 3P 5C 3/3