Christ Baptist Church Association, v. The Collector And District Magistrate, Krishna District,
Writ Petition No.15344 of 2009 ORDER:
The relief sought for in this writ petition is to direct the Collector and District Magistrate, Krishna District, Machilipatnam, to grant permission for construction of a Church at Vissannapeta Village holding the inaction of the respondents in not according permission as arbitrary and illegal.
In the counter-affidavit filed by the District Collector, it is stated that building permission is required to be obtained in terms of G.O. Ms. No.67 dated 26.2.2002 from the Gram Panchayat; the request of the petitioner, for establishing a Church, was referred to the Revenue Divisional Officer, Nuzvid, the Tahsildar, Vissannapeta, the District Minority Welfare Officer and the Superintendent of Police, Krishna for enquiry and report, and they had recommended for a No Objection Certificate to be issued. The District Collector states that, in terms of G.O. Ms. No. 67 dated 26.2.2002, permission of the Executive Officer of the Gram Panchayat is required to be obtained for construction of a Church, since a Church is also a building under Rule 2(6) of G.O. Ms. No.67 dated 26.2.2002.
As all the officials have recommended that permission be granted for establishment of a Church, suffice it to dispose of the writ petition permitting the petitioner to make an application to the Executive Officer of the Gram Panchayat for grant of permission for construction of a Church building; on permission being accorded by the Executive Officer in this regard, the petitioner may make an application to the District Collector, enclosing thereto the approval granted by the Gram Panchayat, requesting his permission to construct a Church; and, on such application being made to him, the District Collector shall, in the
light of the recommendations made earlier by the Revenue Divisional Officer, the Tahsildar, the District Minority Welfare Officer and the Superintendent of Police, consider the said application and pass orders thereupon in accordance with law.
The writ petition stands disposed of accordingly.
The miscellaneous petitions, pending, if any, shall also stand disposed of. There shall be no order as to costs.
_________________________________ (RAMESH RANGANATHAN, ACJ) 24th August, 2017
Writ Petition No.15344 of 2009 Date: 24.08.2017
Writ Petition No. 22338 of 2007 ORDER:
Neither Sri M.V.Narasimham, learned counsel for the petitioner, is present nor is there any representation on his behalf. The relief sought for in the writ petition is to direct the respondents to consider the case of the petitioner for appointment to the post of Anganwadi worker at Anganwadi Centre of Katepalli B.C. Colony, Vinjamur Mandal, Nellore District.
Learned Government Pleader for Women Development and Child Welfare, would submit that in terms of the interim order passed by this Court on 22.10.2007, the petitioner's case was considered along with other eligible candidates and her candidature was rejected as she was over aged.
As the relief sought for by the petitioner is to consider her case and her case has been considered albeit pursuant to the interim order passed by this Court, the cause in the writ petition does not survive, and that the writ petition has become infructuous. The writ petition is, accordingly, dismissed. The miscellaneous petitions, pending, if any, shall also stand dismissed. There shall be no order as to costs.
_________________________________ (RAMESH RANGANATHAN, ACJ) 30th September, 2016
Writ Petition No. 22338 of 2007 Date: 30.09.2016