S.Siva v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2024
CORAM
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B. BALAJI 1.S.SIVA 2.E.SUDHAKAR : petitionerss Vs 1.THE DISTRICT COLLECTOR COLLECTOR OFFICE, THIRUVANNAMALAI-KANCHEEPURAM ROAD THIYAAR KULAM KANCHEEPURAM, KANCHEEPURAM DISTRICT-631501 2.THE REVENUE DIVISIONAL OFFICER THIRUVANNAMALAI-KANCHEEPURAM ROAD THIYAAT KULAM KANCHEEPURAM KANCHEEPURAM DISTRICT-631501 3.THE THASILDAR THE THASILDAR OFFICE UTHIRAMERUR TALUK KANCHEEPURAM DISTRICT 4.E.PANNEER SELVAM : Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus directing the 1st respondent to consider the representation of the 1st petitioners and
on behalf of the general public at Chittanakkavoor Village dated 14.2.2024 to initiate proceedings to Seal the premises in which the 4th respondent is running a Church in the name of Yesu Valvu Tharugirar Ooliyangal-Chittanakkavoor Villge, Uthiramerur, Kanchipuram District, Christian prayer activities without obtaining necessary permission from the 1st respondent under Rule 4(3) of Tamil Nadu Panchayats Building Rules, 1997.
For petitioners :
Mr.M.Amul For Respondents 1 to 3 :
Mr.A.Edwin Prabhakar, State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) The petitioners have come forward with this writ petition seeking a direction against the first respondent to consider the representation of the first petitioner dated 14.02.2024 to initiate proceedings to seal the premises in which the fourth respondent is running a Church.
2. It is the grievance of the petitioners that the fourth respondent, who is the owner of the premises, is conducting Christian prayer activities without obtaining necessary permission from the first respondent under Rule 4(3) of Tamil Nadu Panchayats Building Rules,
1997. In this regard, the first petitioner has sent a representation to the first respondent on 14.02.2024, to initiate proceedings to seal the premises of the fourth respondent. Since the said representation has not been disposed of so far, the present writ petition has been filed.
3. Mr.A.Edwin Prabhakar, learned State Government Pleader, on instructions, submits that Revenue Inspector of Uthiramerur Taluk, has conducted enquiry and it was found that one Joseph Pandiyan is conducting Sunday Mass on the first floor of the premises of the fourth respondent. The fourth respondent has informed the Revenue Inspector that he is in no way connected with the Church activities of the said Joseph Pandian.
4. Heard both sides and perused the report submitted that learned State Government Pleader.
5. We are inclined to direct the first respondent to consider the representation of the first petitioner dated 14.02.2024 and pass orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording
opportunity to the parties concerned.
6. With the above direction, the writ petition stands disposed of. There shall be no order as to costs.
7. WMP No.25610 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of. (D.K.K., ACJ.) (P.B.B., J.) 16.08.2024 Index : Yes/No : Yes/No tar
To 1.THE DISTRICT COLLECTOR COLLECTOR OFFICE, THIRUVANNAMALAI-KANCHEEPURAM ROAD THIYAAR KULAM KANCHEEPURAM, KANCHEEPURAM DISTRICT-631501 2.THE REVENUE DIVISIONAL OFFICER THIRUVANNAMALAI-KANCHEEPURAM ROAD THIYAAT KULAM KANCHEEPURAM KANCHEEPURAM DISTRICT-631501 3.THE THASILDAR THE THASILDAR OFFICE UTHIRAMERUR TALUK KANCHEEPURAM DISTRICT
D. KRISHNAKUMAR, ACJ, AND P.B. BALAJI, J.
(tar) 16.08.2024