2023 Supreme(Online)(MAD) 5871
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023 CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P(MD)No.4294 of 2020 K.Palanisamy ... Petitioner Vs.
1.The Superintendent of Police, Trichy, Trichy District.
2.The Inspector of Police, Vaiyampatty Police Station, Trichy Trichy District.
3.The Tahsildar, Manapparai, Trichy District.
4.Appannayakkar ... Respondents (R4 impleaded vide Court order dated 23.03.2022 in W.M.P(MD)No.4277 of 2022)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to enforce the undertaking given in the peace committee meeting dated 12.05.2005 by considering and passing of the appropriate orders on the representation dated 17.01.2020 of the petitioner within a time frame as fixed by this Court.
For Petitioner : Mr.B.Arun for Mr.N.R.Balaji For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R4 : Mr.V.Raghavachari
O R D E R
The prayer in the writ petition is for a Writ of Mandamus to direct the respondents to enforce the undertaking given by the fourth respondent in the peace committee meeting dated 12.05.2005, by considering the petitioner's representation dated 17.01.2020.
2.Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondent.
3.It is alleged in the writ petition that the petitioner along with other Heredity trustees have been managing the Temple viz., Sri Seela Aickampatti Temple, Thoppanaickampatti, Sudayampatti, Thekkamalai Ayyanar Temples situated at kumaravali Village, Manapparai Taluk, Trichy District. The fourth respondent had repeatedly made attempts to disturb the peaceful management. Therefore, a peace committee meeting was conducted by the third respondent and recorded the terms of the decision taken in the peace committee meeting and the same was accepted and signed by the petitioner as well as the fourth respondent. The petitioner had sent a representation dated 17.01.2020 alleging that the fourth respondent is attempting to violate the undertaking given in the peace committee meeting.
4.The specific grievance of the petitioner is that the fourth respondent should not conduct the temple festival till a decision is made in A.S.Nos.564 and 565 of 1999. One of the terms of the peace committee meeting is that no party shall conduct the temple festival till the decision is taken by this Court in A.S.Nos.564 and 565 of 1999.
5.The learned counsel appearing for the petitioner submitted that on 16.01.2020 the fourth respondent had conducted Kabaddi Competition. Therefore, the act of the fourth respondent is in violation of the undertaking given before the peace committee meeting.
6.The learned counsel appearing for the fourth respondent submitted that the decision of the peace committee meeting was of the year 2005 and thereafter, several developments took place. The villagers conducted the temple festival and therefore, the decision taken in the peace committee meeting in the year is no longer valid.
7.Be that as it may. It is seen that the decision of the peace committee meeting was of the year 2005. However, in the representation made by the petitioner, it is seen that he had made a complaint regarding the incident that took place in January 2020. Further, the representation is undated, though the petitioner claims that it was sent on 17.01.2020 and had produced an online acknowledgement. In the said representation, he had stated that the fourth respondent conducted a festival on 13.01.2020 and attempted to conduct a Kabaddi Competition on 16.01.2020 in violation of peace committee decision. The alleged incidents are said to have taken place three years ago. Thereafter, no incidents have taken place. In such circumstances, the prayer in the writ petition has become infructuous. However, if the petitioner has any grievance in future, it is open to him to approach the authorities concerned.
8.With the above observation, this Writ Petition is disposed of.
No costs.
11.01.2023 NCC :Yes/No Index : Yes / No Internet : Yes / No Ns SUNDER MOHAN, J.
Ns To
1.The Superintendent of Police, Trichy, Trichy District.
2.The Inspector of Police, Vaiyampatty Police Station, Trichy Trichy District.
3.The Tahsildar, Manapparai, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P(MD)No.4294 of 2020
11.01.2023