BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/06/2011 CORAM THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P (MD) No.10847 of 2005 Kamma Mahajana Sangam, Rep. by its President, J.S.K.Natarajan ... Petitioner Versus 1.The District Collector, Theni District, Theni. 2.R.Ravichandran, President, Srirengapuram Panchayat, Theni District. 3.The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai - 9. ... Respondents PRAYER Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Na.Ka.No.10236/2004/Q7 dated 25.11.2005 and quash the same and forbearing the respondents from interfering with the petitioners peaceful possession and enjoyment of Kamma Mahajana Sangam Thirumana Mandapam situated in Survey No.197/1 of Thadicheri Village Srirengapuram Panchayat Theni District. !For Petitioner ... Mr.R.Murali ^For RR 1 and 3 ... Mr.D.Muruganandam Additional Government Pleader For R - 2 ... Mr.G.R.Swaminathan :ORDER
The petitioner is a registered society and its members belong to Kammavar
Community of Srirengapuram Village Panchayat.
2. Thadicheri Village is in Theni District. Thadicheri Village forms part
of Srirengapuram Village Panchayat. The Village Panchayat passed a resolution on
12.08.2000 expressing no objection for constructing a Kalayana Mandapam by the
writ petitioner in Survey No.197/1, which is classified as Natham Poramboke.
3. Based on the resolution, the petitioner constructed a Kalyana Mandapam.
The inaguration of Kalyana Mandapam took place on 24.08.2001. However, some
dispute arose between the members of the said community that led to the
convening of a peace committee meeting. In the peace committee meeting held by
Tashildar, Theni, the key of the marriage hall was handed over to the Veerapandi
Police Station. The same was questioned by the petitioner in W.P.No.21320 of
2004. This Court passed an order dated 29.09.2004 directing the Veerapandi
Police to hand over the keys of Kalayana Mandapam to the petitioner. Accordingly
the keys were also handed over. The Kalayana Mandapam is under the control of
the petitioner. The order in the writ petition was confirmed by the Division
Bench by an order dated 15.10.2004 in W.A.No.3686 of 2004.
4. While so, the second respondent herein filed W.P.No.18051 of 2004, to
dispose of his representation dated 20.10.2000 made to the first respondent. In
the said representation, he objected for the supervision of Kalayana Mandapam
being made by the petitioner sangam. This Court passed an order on 29.09.2004 in
W.P.No.18051 of 2004, directing the first respondent to consider and pass orders
on the representation, dated 20.10.2000 of the second respondent on merits and
in accordance with law.
5. The first respondent passed the impugned order dated 25.11.2005,
pursuant to the order of this Court referred to above. In the impugned order,
the first respondent held as follows:-
(i). The land on which the Kalyana Mandapam was constructed belongs to the
Government and the construction was made by the petitioner society. Hence, the
Kalayana Mandapam belongs to people belonging to all communities and therefore,
the members belonging to all the communities of the Village should be permitted
to become member of the petitioner society.
(ii). The petitioner was directed to enroll new members on the basis of
the aforesaid direction before 31.12.2005 and to convene the general body
meeting on 31.01.2006 and to elect the office-bearers and the petitioner is
directed to intimate the same to the first respondent.
(iii). Since the land belongs to the Government, a memorandum would be
submitted by the first respondent to the third respondent Government regarding
the Kalyana Mandapam and its maintenance and supervision. The order of the
Government thereof would be final.
(iv). Till the Government passes an order, the Kalyana Mandapam would be
under the control of the Commissioner, Theni Panchayat Union.
6. The petitioner has filed the present writ petition to quash the
aforesaid order, dated 25.11.2005 on various grounds.
7. While admitting the writ petition, this Court granted an interim order
on 01.12.2005, to maintain status-quo. It is stated that in view of the interim
order, the petitioner is maintaining and supervising the Kalyana Mandapam so far
for the past 10 years.
8. At the time of argument, the learned counsel for the petitioner submits
that though the petitioner has questioned the entire order of the first
respondent, dated 25.11.2005, the petitioner has no grievance over the first
three points and the petitioner is aggrieved over the fourth point referred to
above. That is, the learned counsel for the petitioner submits that the
petitioner has no objection to make the persons belonging to all the communities
in Srirengapuram Village as members of the petitioner society. It is stated that
the petitioner has also made necessary amendment in the bye-laws of the society
and a resolution, dated 23.06.2011 to that effect was passed and the said
resolution is placed before this Court.
9. The learned counsel for the petitioner also submits that the dead line
fixed by the first respondent for enrollment of new members and convening of
general body could be extended and the petitioner could intimate to the first
respondent about the election of office-bearers within a reasonable time, if the
time limit is fixed afresh. He submits that let the first respondent makes a
report taking into account the above facts to the third respondent about the
Kalyana Mandapam and he would be willing to abide by the order that could be
passed by the third respondent on the maintenance and supervision of the Kalyana
Mandapam.
10. On the other hand, the learned Additional Government Pleader submits
that till the Government passes an order, the petitioner should give up the
possession of the Kalyana Mandapam to the Commissioner, Theni Panchayat Union.
11. The learned counsel appearing for the second respondent did not object
the submissions of the learned counsel for the petitioner, particularly, for
continuance of the maintenance and supervision of Kalyana Mandapam by the
petitioner till the matter is decided by the third respondent.
12. I have considered the submissions made on either side.
13. The crux of the order of the District collector was extracted above.
The order contains four parts. The petitioner has no objection for the three
parts. In fact, he has complied with the first part by passing a resolution,
dated 23.06.2011. The resolution, dated 23.06.2011 is extracted hereunder:-
2011 Mk; Mz;L $d; khjk; 23 k; Bjjp tpahHf;fpHik fhiy 10.00 kzpastpy; fk;k
gtdj;jpy; eilbgw;w eph;thff; FG Tl;lj;jpd; eltof;iffs;.
M$h; : jpU. S. Bjtjh!;, jiyth;
kw;Wk; eph;thff;FG cWg;gpdh;fs;
bghUs; – 1
jPh;khdk; – 1
fk;k kfh$d rA;fj;jpd; Behf;fk; vz; 11, rA;f tpjp 6 y; 11 kw;Wk; 10 (m) y;
jpUj;jk; Bkw;bfhs;Sjy; rhh;g[
bghUspy; fz;l tpraj;ijg; gw;wp Bkw;go eph;thff; FGtpy;
tpthjpf;fg;gl;lJ nf;Tl;lj;jpy; fk;k kfh$d rA;fj;jpd; Behf;fA;fspy; thpir vz; 11
kw;Wk; rA;f tpjpfspy; thpir vz; 6y; 11, 10 (m) y; Bjdp khtl;lk; buA;fg[uk;
fpuhkj;jpy; nUf;Fk; fk;k kfh$d rKfj;ijr; Brh;e;jth;fs; cWg;gpdh;fshf Brh;j;Jf;
bfhs;sg;gLk; vd;gjpy; jpUj;jk; bra;J, fpuhkj;jpd; bghJ ed;ikia fUjp, fpuhkj;jpy;
epue;jukhf FoapUf;Fk; midj;J rKfj;ijr; Brh;e;jth;fisa[k; cWg;gpdh;fshf Brh;j;Jf;
bfhs;tJ vd jPh;khdpf;fg;gl;lJ.
14. It is stated that the bye-law is amended as per the aforesaid
resolution. It is further submitted by the learned counsel for the petitioner
that the petitioner could be granted time upto 31.07.2011 to enroll willing
persons of Srirengapuram Village belonging to other communities as the members
of the petitioner-society.
15. The learned counsel for the petitioner also submits that the
petitioner would convene a general body meeting on or before 31.08.2011 and
would elect new office-bearers. The learned counsel for the petitioner further
submits that as soon as the aforesaid process is over, the same would be
intimated to the first respondent. The aforesaid statement of the petitioner is
recorded and the petitioner is directed to enroll the willing persons belonging
to all the communities of Srirengapuram Village as the members of the
petitioner-society in terms of the resolution dated 23.06.2011 and to conduct
election to elect office-bearers of the society on or before 31.08.2011 and the
petitioner is further directed to intimate the election of office-bearers to the
first respondent immediately thereafter.
16. The learned counsel for the petitioner submits that the petitioner
society would public a notice at a prominent place at Srirengapuram Panchayat
informing that all the people irrespective of communities could become, members
of the society on or before 31.07.2011 and the new office-bearers would be
elected on or before 31.08.2011. The same is recorded.
17. The first respondent is directed to send a memorandum in terms of his
order dated 25.11.2005 to the third respondent about the maintenance and
supervision of the Kalyana Mandapam at Thadicheri Village in Srirengapuram
Panchayat in Theni District, as soon as the petitioner would intimate the
election of office bearers by the petitioner society in the general body that
would be conducted on or before 31.08.2011.
18. The third respondent is directed to take into account the aforesaid
facts and more particularly the efforts taken by the petitioner in constructing
the Kalyana Mandapam and the fact that the petitioner has now agreed to enroll
all community people as its members.
19. The first respondent is directed to send the memorandum as
contemplated in the order dated 25.11.2005 within a period of eight weeks, after
the petitioner communicated about the election of new office-bearers based on
the enrollment of the other community people also. The third respondent is
directed to pass an order based on the memorandum within a period of twelve
weeks thereafter, after the receipt of the memorandum from the first respondent.
Since the petitioner has been in possession of Kalyana Mandapam for the past
10 years and since this Court has also passed the order dated 29.09.2004 to hand
over the keys to the petitioner and the same was also confirmed in W.A.No.3686
of 2004. I am of the view that the possession could be with the petitioner until
the matter is finally decided by the third respondent.
The Writ Petition is disposed of in the above terms. No costs.
ps
To
1.The District Collector,
Theni District,
Theni.
2.R.Ravichandran,
President,
Srirengapuram Panchayat,
Theni District.
3.The Secretary to Government,
Revenue Department,
Secretariat,
Fort St. George,
Chennai – 9.