Heard Mr.G.R.Swaminathan, the learned counsel appearing for the petitioner and Mr.R.Manoharan, Government Advocate, appearing for respondents 1 to 3 and Mr.K.Sekar, learned counsel appearing for respondents 4 and 5.
2. This writ petition has been filed praying for a Writ of Certiorarified Mandamus, calling for the records, relating to the impugned minutes of the Peace Committee Meeting, held on 22.09.2009, pursuant to the urgent memorandum, bearing Na.Ka.No.354-2007-A6, dated 18.09.2009, issued by the third respondent and quash the same and consequently forbear the respondents 2 and 3 from enforcing the decision taken in the said meeting.
3. The main contention of the learned counsel appearing for the petitioner is that, based on the Peace Committee Meeting, held on 22.09.2009, the petitioner has been prevented from using the common cart track in Survey No.149 in Irungalur Village, Mannachanallur Taluk, Tiruchirapalli District. The Peace Committee Meeting convened by the second and third respondents would not be binding on the petitioner, as it has no legal sanction.
4. The learned counsel appearing on behalf of respondents 1 to 3 had submitted that it is only on the representation made by the petitioner and in view of the fact that there was a possibility of a law and order situation arising, a peace committee meeting had been convened.
5. According to the decisions taken during the Peace Committee Meeting, held on 22.09.2009, the pathway in question was to be used by all the villagers, without any obstructions or damages being caused to the common cart track. However, the learned counsel appearing on behalf of the petitioner had submitted that the Revenue Authorities, who are the respondents in the present writ petition, have no legal authority or sanction to take such a decision and to issue directions, as has been done during the meeting held on 22.09.2009.
7. The learned counsel appearing on behalf of the respondents 1 to 3 had submitted that Peace Committee Meeting has been held only as per
Section 107 of the Criminal Procedure Code.
8. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, this Court is of the considered view that it would be open to the petitioner to raise the disputed issues, before the appropriate civil forum, in the manner known to law and it is for the civil Courts concerned to decide the issues, on merits and in accordance with law, without being influenced by the decision of the Peace Committee meeting. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
ps To
1.The District Collector, Tiruchirapalli District, Tiruchirapalli.
2.The Revenue Divisional Officer, Lalgudi, Tiruchirapalli District.
3.The Tahsildar, Manachanallur Taluk, Tiruchirapalli District.
5.The Assistant Commissioner of Police, Madurai City, Madurai.