P.Sanakaravel Appanasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P. Sanakaravel Appanasamy ... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional officer,

3. The Thashildar, Vilathikulam Taluk, Tuticorin District.

4. The Inspector of Police, Sankaralingapuram Police Station, Vilathikulam, Thoothukudi District.

5. Nalivili Jeyakannan ... Respondents PRAYER: This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents-2 & 4 to afford fair opportunity to the petitioner during the peace committee meeting in any matter relating to the property in Survey No.300/36 situated in M.Kodangipatti, Vilathikulam Taluk, Tuticorin District or any other connected matters by considering petitioner's representation, dated 17.08.2019.

For Petitioner : Mr. V. Nirmal Kumar For Respondents : Mr.R.Anandharaj 1 to 4 Additional Public Prosecutor

ORDER

This writ petition has been filed seeking for a direction to the respondents-2 & 4 to afford fair opportunity to the petitioner during the peace committee meeting in any matter relating to the property in Survey No.300/36 situated in M.Kodangipatti, Vilathikulam Taluk, Tuticorin District or any other connected matters by considering petitioner's representation, dated 17.08.2019.

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2. The fifth respondent and the petitioner are belongs to same community and the property belongs to the community have been maintained by the ancestors of the fifth respondent. After demise of the said person, the fifth respondent was selected for administrating the properties of their community. There was some misappropriation of funds and as such it was questioned by the petitioner and his family members, with respect to the same, there was a dispute between them and a complaint was also lodged as against the fifth respondent. In which, the fourth respondent has registered a case in Crime Nos.26 of 2018, 4 of 2018 and 8 of 2019 all the crimes are pending for investigation. In the meanwhile, the third respondent/Thasildar conducted a peace committee meeting to settle the issue between the petitioner and the fifth respondent on 28.04.

2019. In the said peace committee meeting, they could not be able to amicable solution between them. Therefore, it was simply adjourned and the community hall was under locked and key with the third respondent. Under these circumstances, now the fifth respondent again approached the third respondent and requested to hand over the key of the aforesaid community hall. Now, apprehension of the petitioner is that without hearing the petitioner and his family members the third respondent about to hand over the possession of the community hall in favour of the fifth respondent.

3. In view of the above facts and circumstances of the case, the third respondent issued a notice to all the parties concerned and shall conduct peace committee meeting in respect of the issue between the petitioner and the fifth respondent relating to the property in Survey No.300/36 situated in M.Kodangipatti, Vilathikulam Taluk, Tuticorin District and pass orders on merits and in accordance law.

4. With the above directions, the instant Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector, 2/3

2. The Revenue Divisional officer,

3. The Thashildar, Vilathikulam Taluk, Tuticorin District.

4. The Inspector of Police, Sankaralingapuram Police Station, Vilathikulam, Thoothukudi District.

+1 CC to Mr.V.NIRMAL KUMAR, Advocate ( SR-87076[F] dated 17/09/2019 ) 13.09.2019 KSA MK (30.09.2019) 3P 6C 3/3