I.Chandrasekaran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.22256 of 2024 and WMP.No.24249 & 24250 of 2024 Chandrasekaran ... Petitioner -vs1. The Secretary to Government, Home (Courts IV) Department, Secretariat, Chennai-9.

2. The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

3. The District Registrar (Administration) Coimbatore North, Coimbatore - 641 018.

4. Rt. Rev. Timothy Ravinder Dev Pradeep Bishop - CSI Coimbatore Diocese, 256 Race Course, Coimbatore.

5. Rev. David Barnabass, Presbyter, CSI Christ Church, NGGO Colony, Coimbatore- 641 022.

6. Rev. Richard Jayakumar, Presbyter, CSI Christ Church, Police Quarters, 35, Jai Maruti Nagar, Ganapathy, Coimbatore- 641 022.

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7. Rev. S.Prince Calvin Presbyter, CSI Immanuel Church, Coimbatore-641 018.

8. Ida Selvakumari

9. The Bishop CSI Kanyakumari Diocese, 71-A, Dennis Street, Thingal Nagar, Weavers Colony, Nagarcoil - 629 001.

10. The Presbyter, CSI Kanyakumar Diocese, Thottavaram Pastorate, Barathapalli Road, Attoor, Tamil Nadu.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the first respondent to revoke the license granted under Section 9(2) of Indian Christian Marriage Act to the 4th to 6th respondent for issuing Certificate of Marriage between Christian.

For Petitioner(s) :

Dr.N.Paul Sunder Singh For Respondent(s) :

Mr.Yogesh Kannadasan, SGP for R1 Mr.T.Chezhian, AGP for RR2 & 3

O R D E R

By consent of both parties, the Writ Petition is taken up for final hearing at the admission stage itself.

2. This petition has filed seeking a direction to the first respondent to revoke the license granted under Section 9(2) of Indian Christian Marriage Act 2/6

to the 4th to 6th respondent for issuing Certificate of Marriage between Christian.

3. It is the case of the petitioner that the respondents 4 to 6 have conducted illegal marriage in contravention of the Indian Christian Marriage Act and the Constitution of CSI coimbatore Diocese and conducted marriage between the 7th and 8th respondents for which based on the objection raised by the petitioner and others, the 3rd respondent rejected the request of the 7th and 8th respondents for registration of marriage. Thereafter, the petitioner had submitted a representation on 06.07.2024 to the first respondent to revoke the license granted under Section 9(2) of Indian Christian Marriage Act to the 4th to 6th respondent for issuing Certificate of Marriage between Christians and the same was not considered, the petitioner has filed the present petition before this Court.

4. The learned counsel for the petitioner submitted that the petitioner is a member of the church belongs to the 4th respondent and the petitioner is the interested persons for smooth running and faith of the Christian religion as well as its procedure. The respondents 4 to 6 have performed the marriages without following the procedure and contrary to the license granted by the first 3/6

respondent. Hence, this Court may issue a directions to the first respondent to revoke the license granted to the private respondent under Section 9(2) of the Act.

5. The learned Government Advocate appearing for the first respondent submitted that the license was granted to the private respondents in the year 2013. Even after 11 years, he filed the present petition. If the petitioner has any grievance, he has to approach the competent civil Court to resolve the issue.

6. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record. Since no adverse order is passed against the private respondents, notice to them is dispensed with.

7. According to the petitioner, the private respondent have performed illegal marriages without following the procedures. Therefore, he made representation to the respondents 1 to 3 to revoke the permission which was granted by the first respondent. If the petitioner has any grievance against the private respondents in respect of the conducting marriage, he have to approach the competent forum to resolve the issue. Without doing so, the petitioner has 4/6

made representation to the first respondent and filing the present writ petition before this Court, which is not maintainable and the same is liable to be dismissed.

8. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to approach the competent Court in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 07.08.2024 Rli To

1. The Secretary to Government, Home (Courts IV) Department, Secretariat, Chennai-9.

2. The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

3. The District Registrar (Administration) Coimbatore North, Coimbatore - 641 018.

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M.DHANDAPANI, J.

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