1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2011 CORAM THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.(MD)No. 1970 of 2011 & M.P.(MD) Nos. 1 and 2 of 2011 K.Kannaiah ... Petitioner Vs. 1. The District Collector, Madurai District. 2. The Tahsildar, Thirumangalam,Madurai. 3. V.Pandi 4.R.Rajangam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order of the second respondent in ref.Na.Ka.No.271/11/A1 dated 5.2.2011 and quash the same and consequently permit the petitioner(Peria Vahaira) to construct the Cooking Hall in the temple land for Masi Poosai Festival to be held on 4.3.2011 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr. P.Mookkan For R1 & R2 : Mr. K.Balasubramanian Government Advocate For R3 & R4 : Mr.K.Hema Karthikeyan O R D E R This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order, dated 5.2.2011 and quash the same. 2.According to the petitioner, the petitioner belongs to Peria Vahaira and they are interested in the private temple called Kamatchi Amman Temple at Reddiyapatti. According to the petitioner, the said temple belongs to seven pangalis and Periya Vahaira has been receiving first honour in the poojas, festivals and annual functions. Right from the year 1950,due to the dispute between the parties, the functions in the temple could not be conducted and subsequently in the panchayat conducted in the year 1957 the seven pangalis agreed to conduct the functions and to give first honour to Periya Vahaira. 3. According to the petitioner, there was a dispute on 18.2.2011 https://hcservices.ecourts.gov.in/hcservices/ 2 to put up a Cooking Hall. Therefore, the respondents 3 and 4 gave a complaint to the police and a peace committee was held by the second respondent on 5.2.2011 as per the notice dated 27.1.2011. All the 7 pangalis participated in the peace committee meeting and during the meeting, the petitioner objected for the proposal of the respondents 3 and 4, who belong to Poojair Vahairas, for construction of Cooking Hall for Masi Poosai Festival and it was ignored by the peace committee and the petitioner refused to sign in the peace committee decision and now the petitioner challenges the peace committee resolution. 4. The respondents 3 and 4 would contend that peace committee resolution cannot be questioned by way of Writ Petition. Further more, even in the peace committee resolution, it is very clearly stated that if any body is aggrieved, they can only go to the Civil Court. As it is purely an internal dispute between the parties, it will be agitated only before the Civil Court. 5. The learned Government Advocate would contend that the peace committee was conducted only to take decision as there was clash between the parties and subsequently, the function has already been conducted therefore, the petition has become infructuous. Anyway, according to the peace committee resolution, anybody aggrieved they can only go to the Civil Court. 6. Heard all the parties. By consent, the main Writ Petition is taken up for final disposal. 7.Taking into consideration the petitioner only challenges the peace committee resolution, even in the peace committee resolution it is very clearly stated that anybody aggrieved they have to only approach the civil Court and in this case, the petitioner participated in the meeting but did not sign as he has some objection to the resolution if that is the case the only remedy open to the petitioner is to go to the Civil Court and the petitioner cannot seek his remedy by way of Writ Petition. Even otherwise, the function is already over nothing survives in the writ petition and the writ petition is disposed of by directing the petitioner to approach the civil court. No costs. Consequently, connected M.P.s are closed. SD/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1. The District Collector, Madurai District. 2. The Tahsildar, Thirumangalam,Madurai. +1 CC TO MR. P. MOOKKAN, ADVOCATE S.R NO. 13012 +1 CC TO M/S K. HEMAKARTHIKEYAN, ADVOCATE S.R NO. 12790 W.P.(MD)No.1970 of 2011 & M.P.(MD) Nos. 1 and 2 of 2011 06.04.2011 ses PAM 26.04.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/