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2024 Supreme(Online)(MAD) 18863
HIGH COURT OF MADRAS
Hon`ble Mr.Justice N.SATHISH KUMAR
A.Sangampillai Ambalam – Appellant
Versus
The District Collector – Respondent
Disputes of hereditary rights should be decided in Civil Court, not in writ jurisdiction.
Headnote:
Writ - Petitioner Rights - Civil Court
Fact of the Case:
The petitioner filed a writ petition seeking action based on a Peace Committee Meeting report, asserting hereditary rights to conduct a temple festival, opposed by other villagers despite an agreement in the meeting.
Finding of the Court:
The court found that the agreement in the Peace Committee Meeting did not resolve the underlying disputes and instructed the petitioner to establish his rights in the competent Civil Court.
Issues: Whether the petitioner has the right to conduct the temple festival despite objections from other villagers.
Ratio Decidendi: The court held that disputes regarding hereditary rights should be resolved in a Civil Court rather than in a writ petition.
Final Decision: The writ petition is dismissed.
O R D E R
This Writ Petition has been filed seeking direction to the respondents to take action based on the Peace Committee Meeting report, dated 07.04.2024 and the petitioner representation, dated 01.07.2024.
2.Heard Mr.S.Alagusundar, learned counsel appearing for the petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for R1 & R3 and Mr.M.Vaikkam Karunanithi, learned counsel appearing for R2 & R4.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. According to the petitioner, he is conducting the temple festival in his village like his ancestors,. Since some of the persons objected the festivals conducted under the headship of the petitioner, a Peace Committee Meeting was conducted, wherein, it is agreed that the petitioner shall conduct the festival. However, some of the villagers are still objecting the festival conducted by the petitioner. Hence, this writ petition has been filed.
5. Perusal of the Peace Committee Meeting report, dated 07.04.2024, it is recorded that both parties agreed to conduct the festival under the headship of the petitioner. Now, some persons objected the same. However, it is made clear that in the event if the dispute still exists between the parties, they have to establish their rights before the competent Civil Court.
6.In such view of the matter, since the petitioner claiming hereditary right, it has to be established by the petitioner before the Civil Court in the manner known to law by producing sufficient evidence. Let the petitioner seek remedy against the rival group only before the Civil Court, since the same cannot be decided before the writ Court.
7.With the above observations, this writ petition stands dismissed. No costs. There shall be no order as to costs.
16.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The District Collector, Pudukottai, Pudukottai District.
2. The Superintendent of Police, Pudukottai District, Pudukottai.
3. The Thasildar, Ponamaravathy Taluk, Pudukottai District.
4. The Inspector of Police, Ponnamaravathy Police Station, Ponamaravathy, Pudukottai District.
N.SATHISH KUMAR , J .
PNM ORDER IN W.P.(MD)No.19626 of 2024
16.08.2024
