Dismissed

D.Ramanthan, v. the District Collector

Madras HC14 Feb 2019WP(MD)/3142/2019

Case brief

AI extract

What is this about?

Madurai Bench dismissed a writ petition seeking mandamus to enforce a peace committee resolution deeming such informal arrangements as lacking statutory duty to enforce and noting recourse to civil courts remains open.

What did the court decide?

The writ petition is dismissed as there is no statutory duty cast on respondents to implement a non-statutory decision of a peace committee.

D.Ramanthan, Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2019

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CORAM :

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3142 of 2019

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1.D.Ramanathan 2.C.Bose 3.L.Arumugam 4.V.Rathinakiri ... Petitioners (The petitioners 1 to 4 represented on behalf of Village people of Vadivelkarai Village)

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Vs.

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1.The District Collector, Madurai – 625 020. 2.The Revenue Divisional Officer, Madurai – 625 020. 3.The Tahsildar, Madurai West Taluk, Madurai – 625 019. 4.The Superintendent of Police, Madurai District – 625 007. 5.The Inspector of Police, Nagamalai Pudukkottai, Madurai District. 6.A.Karuppiah 7.T.Rajini Kasi 8.K.Kannan 9.K.Kasi @ Ravichandran ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to implement the order passed in the peace committee in Na.Ka.No.5923/18/A dated 19.12.2018 along with the https://hcservices.ecourts.gov.in/hcservices/ fourth and fifth respondent.

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For Petitioner : Mr.G.Balasubramanian

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For Respondents : Mr.M.Karuppasamy, Government Advocate

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ORDER

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Heard the learned counsel appearing for the writ petitioners as well as the learned Government Advocate appearing for the respondents 1 to 5.

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2.The prayer made in the writ petitioner is for implementing the decision taken in the peace committee meeting held on 19.12.2018. Peace committee meeting is an informal arrangement resorted to by the revenue authorities for finding an amicable resolution. A decision taken in a peace committee meeting has no statutory force. Such a decision cannot be implemented by filing a writ petition. A writ of mandamus will lie only if there is a duty cast on the other or legal right inhering in the petitioner. In this case, no such duty is shown to exist.

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3.This writ petition is dismissed. The dismissal of the writ petition will not come in the way of the writ petitioners from ventilating their grievance in the manner known to law. The petitioners are always at liberty to move the jurisdictional civil court. No costs.

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Sd/-

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Assistant Registrar ()

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// True Copy //

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Sub Assistant Registrar(CS)

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1.The District Collector, Madurai – 625 020.

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2.The Revenue Divisional Officer,

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Madurai – 625 020.

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3.The Tahsildar, Madurai West Taluk, Madurai – 625 019.

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4.The Superintendent of Police, Madurai District – 625 007.

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5.The Inspector of Police,

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https://hcservices.ecourts.gov.in/hcservices/ Nagamalai Pudukkottai, Madurai District.

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+1 CC to M/s.SPL GP ( SR-47426[F] dated 15/02/2019 )

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+1 CC to M/s.G.BALASUBRAMANIYAN, Advocate ( SR-47982[F] dated 19/02/2019 )

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SKM

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WP(MD)No.3142 of 2019 14.02.2019

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KM/(27.03.2019) 3P 8C

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https://hcservices.ecourts.gov.in/hcservices/

D.Ramanthan, v. the District Collector

Case brief

What is this about?

What did the court decide?

D.Ramanthan, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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