Yesu Nammodu Uzhiyangal v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15812 of 2018 Yesu Nammodu Uzhiyangal rep by its Trustee C.Swami Doss No.E-11, Agasthya Apartments T.H.Road Tondiarpet Chennai 600 081 ..

Petitioner -vs1. The Government of Tamil Nadu rep.by the Dy.Secretary to Government Home Department, Fort St.George Chennai 600 009

2. The District Collector Chennai District Singaravelar Maaligai Chennai 600 001

3. The Dy.Commissioner of Police Washermanpet Police District Chennai 600 021

4. The Assistant Commissioner of Police Royapuram Range Chennai 600 013

5. The Inspector of Police H8, Tiruvottiyur Police Station Chennai 600 019

6. The Tahsildar Tondiarpet Taluk Chennai 600 081

7. V.M.Vijayakumar ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents herein to consider the representations of the petitioner Trust dated 12th June, 2018 and to issue necessary sanction or permission or authorization, as may be required in

the circumstances of the case, to enable the Trust to run the Church peacefully and lawfully.

For Petitioner ::

Mr.R.C.Paul Kanagaraj For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to 6

ORDER

The petitioner is a registered Trust in the name of Yesu Nammodu Uzhiyangal, which is a minority religious Trust and the petitioner, claiming to be Founder Trustee of the Trust, states that two more trustees are also looking after the administration of the Trust. One of the principal objects of the Trust is to plant Churches at places and build up worshipping places. The second main object is to open counselling centres to counsel the broken families and persons in distress. From the date of registration of the Trust, it is doing yeoman service to the poor, downtrodden who are in distress, which is also appreciated by one and all for the last two decades.

When the Churches are established at some places and the marriages are also solemnized in the Churches according to Christian rites and customs, the Founder Trustee has made a request to the District Collector, Chennai, the second respondent herein to appoint Pastor as the Registrar of Christian marriages and the second respondent also, in his letter dated 30.11.2005, addressed to the Government to issue orders accordingly. Accordingly, the first respondent also issued G.O.Ms.No.125, Home Department dated 17.2.2006 notifying the grant of license to the petitioner herein to grant certificates of marriage between Indian Christians in accordance with the provisions of Indian Christian Marriage Act, 1872. Now the Trust has decided to have a Church at Tiruvottiyur to cater to the needs of the religious people over the area.

But this has been objected by some vested interests, because some of the people at Thiruchinankuppam, Sivagangapuram, Lakshmipuram, Sudanandapuram, Gandhi Nagar and Mallikapuram have raised some objection over the establishment of the Church at the rented premises. In view of the objections, the petitioner was not granted any license and a representation also has been sent on 12.6.2018 to the second respondent with a copy marked to the sixth respondent requesting the district administration to consider the representation. The same has not been acted upon. Hence, the petitioner has been advised to come to this Court.

2. The learned Special Government Pleader for the respondents 1 to 6, replying to the above prayer, drawing the notice of this Court to the lease agreement, submitted that only eleven months lease agreement has been obtained by the petitioner from the landlord. That shows that the petitioner is

not having a permanent place for running the Church. Taking note of the said fact, the respondents are unable to consider the representation.

3. When the petitioner Trust is not having a permanent place to establish the Church and objections have also been raised by several people, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition stands dismissed. No costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar ss To

1. The Dy.Secretary to Government Home Department Fort St.George Chennai 600 009

2. The District Collector Chennai District Singaravelar Maaligai Chennai 600 001

3. The Dy.Commissioner of Police Washermanpet Police District Chennai 600 021

4. The Assistant Commissioner of Police Royapuram Range Chennai 600 013

5. The Inspector of Police H8, Tiruvottiyur Police Station Chennai 600 019

6. The Tahsildar Tondiarpet Taluk Chennai 600 081 +1 CC to Mr.R.C.Paul Kanagaraj, Advocate sr 41165. +1 CC to Govt. Pleader sr 42303 W.P.No.15812 of 2018 GSP(09/07/2018)