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Madras High CourtWP/40088/2016disposed of

P.Murugesh v. The District Collector

2021-09-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 40088 of 2016 P.Murugesh ... Petitioner Vs

1. The District Collector, Tirupur District.

2. The Tahsildar, Tirupur District.

3. The Executive Officer, Kanakkamapalayam Panchayat, Kanakkamapalayam Post, Perumanallur Road, Tirupur - 641 604.

4. Mr.Williams

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 29.08.2016 and direct the first respondent to prevent the construction work of the fourth respondent for running a Christian Communal prayer house in the Residential area in Site No.8 in Venkateswara Nagar, Kanakkampalayam Village, Perumanallur Road, Tiruppur District.

For Petitioner : Mr.P.Tamilavel For Respondents : Mr.C.Kathiravan Government Advocate for R1 & R2 Mr.V.Jayaprakash Narayanan for R3 Mr.Ashok Kumar for Mr.V.Maharajan for R4

O R D E R

The relief sought for in the present Writ Petition is to direct the first respondent to consider the petitioner's representation dated 29.08.2016 and also direct the first respondent to prevent the construction work of the fourth respondent for running a Christian Communal prayer house in the Residential area in Site No.8 in Venkateswara Nagar, Kanakkampalayam Village, Perumanallur Road, Tiruppur District.

2. The learned counsel appearing on behalf of the third respondent / Panchayat made a submission that no such permission was granted in favour of the fourth respondent for construction of Christian Communal Prayer House.

3. The learned Government Advocate appearing on behalf of the official respondents submitted that a copy of the proceedings issued by the Revenue Divisional Officer, Tiruppur in proceeding No.Na.Ka.392/2020/A1 dated 07.02.2020 wherein the authority competent passed an order not to utilize the building for the purpose of conducting religious prayers or other religious meetings etc.,

4. It is further stated that permission from the District Collector is necessary for conducting any such communal prayer and other religious activities. This being the order passed forbearing the fourth respondent from utilizing the building for the purpose of Christian Communal Prayer House, no further consideration is required in the present case and if any such activities are continued by the fourth respondent, the petitioner is at liberty to submit a complaint before the competent authority for initiation of action based on order dated 07.02.2020.

5. With these observations, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar

vji / mka To 1.The District Collector, Tirupur District.

2.The Tahsildar, Tirupur District.

3.The Executive Officer, Kanakkamapalayam Panchayat, Kanakkamapalayam Post, Perumanallur Road, Tirupur - 641 604.

+1cc to Mr.P.Tamilavel, Advocate, S.R.No.49986 +1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.49910 +1cc to the Government Pleader, S.R.No.50545 +1cc to Mr.V.Maharajan, Advocate, S.R.No.50923 W.P. No. 40088 of 2016 AK-II(CO) SB(13/10/2021)