P. Ganapathy Konar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)Nos.1 and 2 of 2014 P.Ganapathy Konar ... Petitioner versus

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

3. The Sub Inspector of Police, Moolakaraipatti Police Station, Moolakaraipatti, Nanguneri Taluk, Tirunelveli District.

4. The Panchayat President, Ariyakulam Panchayat, Ariyakulam, Nanguneri Taluk, Tirunelveli District.

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5. K.Sankaran Reddiar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records on the file of the 2nd respondent in connection with the impugned Resolution passed in Peace Committee Meeting conducted by him in his Proceedings No.A8/14367/2014 dated 01.12.2014 and quash the same insofar as directing to remove the Peedam. For Petitioner : Mr.G.Thalaimutharasu For R1 to R3 : Mr.J.K.Jayaselan, Government Advocate For R4 : Mr.R.Velmurugan For R5 : Mr.R.Aravind Raj

ORDER

This writ petition is filed as against the impugned resolution dated 01.12.2014 passed by the second respondent in the Peace Committee Meeting conducted by him.

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2. The second respondent/the Tahsildar, Nanguneri Taluk, Tirunelveli District, conducted a peace committee meeting on 01.12.2014 in the presence of Deputy Superintendent of Police, Sub Inspector of Police, Moolakaraipatti and other officials, wherein, resolutions were passed that there shall not be any flex board or any construction in the public area and if there is any superstructure without prior permission, it has to be removed within one week and the flex board for any marriage or temple festival shall be fixed only after getting necessary permission from the appropriate authority. Aggrieved over the same, the petitioner has filed writ petition stating that the act of the second respondent is per se illegal and it is violative of Article 14, 25 and 26 of the Constitution of India.

3. When the writ petition is taken up for hearing, the learned Government Advocate submits that the petitioner died on 04.02.2018 and he has also produced the death certificate of the petitioner. The learned Government Advocate, on instructions, further submits that the 3/6

the second respondent/the Tahsildar, Nanguneri, conducted the Peace Committee Meeting on 01.12.2014 at request of the Police Department and resolutions were taken after consulting with the villagers and other officials and pursuant to the resolutions passed in the Peace Committee Meeting, unauthorized constructions were also removed.

4. Recording the submissions made by the learned Government Advocate, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 09.03.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Tirunelveli District, Tirunelveli.

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2. The Tahsildar, Nanguneri Taluk, Tirunelveli District.

3. The Sub Inspector of Police, Moolakaraipatti Police Station, Moolakaraipatti, Nanguneri Taluk, Tirunelveli District.

4. The Panchayat President, Ariyakulam Panchayat, Ariyakulam, Nanguneri Taluk, Tirunelveli District.

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B.PUGALENDHI, J.

ogy 09.03.2023 6/6