Church Of Our Lady Of Health v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.06.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.40997 of 2005 Church of our Lady of Health Thatchur, Rep. by its President cum Trustee, Thiru.T.Lawrance, Thatchar Village and Post, Maduranthagam Taluk, Kancheepuram District, Pin - 603 306.
.. Petitioner Vs
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Superintendent of Police, Kancheepuram District, Kancheepuram.
3. The Revenue Divisional Officer, Maduranthakam, Kancheepuram District.
4. The Deputy Superintendent of Police, Maduranthakam, Kancheepuram District.
5. The Inspector of Police, Cheyyur Police Station, Kancheepuram District.
6. Church of our Lady of Health Thatchar, Rep. by 1. S.Arokyadoss
2. J.Mariyanathan
3. L.Kitherimuthu
7. Guru Father Bhakiya Rejis
8. Guru Father Domnic Neerperyar
9. Guru Father John Suresh
10. Arokya Dhass
11. Dhass
12. Velankanni
13. Mariyanathan
14. Velankanni
15. Bishop of Chinglepat, Bishop's House, Kancheepuram Road, Thimmavaram, Chinglepet - 603 101.
(R15 impleaded as per the order of Court dated 06.04.2006 made in W.P.M.P.No.7545 of 2006) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the third respondent to open the petitioner church and also directing the respondents 1 to 5 to provide adequate police protection for the petitioner church to enable the public to offer their prayer daily. For Petitioner : M/s.G.Devi For Respondents : Mrs.P.Rajalakshmi Additional Government Pleader for R1 to R5 : Mr.P.Bharath Kumar for R6 to R15
O R D E R
The petitioner has come forward with this writ petition for issuance of Writ of Mandamus to direct the third respondent to open the petitioner church and also to direct the respondents 1 to 5 to provide adequate police protection to enable the public to offer their prayer daily.
2. Heard, M/s.G.Devi, learned counsel appearing for the petitioner and Mrs.P.Rajalakshmi, learned Additional Government Pleader appearing for the respondents 1 to 5 and Mr.P.Bharath Kumar, learned counsel for the respondents 6 to 15.
3. It seems that there was a long standing dispute between the rival groups in Christian Religion at Maduranthakam for conducting prayers in the church. Indisputably, several suits were filed against each other in the High Court, which are pending in Second Appeal Nos.1059 of 2004 and 358 of 2005.
4. It is represented that during the pendency of the Civil proceedings, peace committee meetings were conducted by the Revenue Divisional Officer, Maduranthakam and the District collector, Kancheepuram, on several occasions and a compromise was reached between the parties. The learned Additional Government Pleader appearing for the respondents 1 to 5 by producing a letter of
the Tahsildar, Maduranthakam dated 11.06.2019 would state that both the groups are now conducting prayer in a peaceful manner and there is no law and order issue in this regard. The said letter is taken on file.
5. In the light of the above submissions made by the learned Additional Government Pleader, this Court is of the considered opinion that no further adjudication is necessary in this Writ Petition. Recording the same, the present Writ Petition is closed. No costs.
11.06.2019 Index : Yes/No Internet : Yes/No dh To
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Superintendent of Police, Kancheepuram District, Kancheepuram.
3. The Revenue Divisional Officer, Maduranthakam, Kancheepuram District.
4. The Deputy Superintendent of Police, Maduranthakam, Kancheepuram District.
5. The Inspector of Police, Cheyyur Police Station, Kancheepuram District.
K.KALYANASUNDARAM, J.
dh W.P.No.40997 of 2005 11.06.2018