Sam Daniel @Edward Daniel Chandrasekar v. The Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.604 of 2025
1. Sam Daniel @ Edward Daniel Chandrasekar
2. J.Isaac Raja ... Petitioners Vs.
1. The Union Territory of Puducherry, Rep. by the Director General of Police, Police Department, Government of Puducherry, Puducherry - 605 001.
2. The Inspector General of Police, Government of Puducherry, Puducherry - 605 001.
3. The Deputy Collector of Revenue (North), Revenue and Disasters Management Department, Government of Puducherry, New Saram, Puducherry - 605 013.
4. The Senior Superintendent Of Police (L&O) Orleanpet, Puducherry.
5. The Superintendent Of Police (North) Shanmugapuram, Puducherry- 605 009.
6. The Inspector Of Police Dhanvantri Nagar Police Station, Gorimedu, Puducherry- 605 006.
7. The Station House Officer (SHO) Dhanvantri Nagar Police Station, Gorimedu, Puducherry- 605 006.
8. Pr.Edwin Paul
9. Melin Joe
10. S.T.Mohan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Nos. 1 to 2 to consider and take appropriate action on the representations submitted by the petitioners, including recent representation dated 11.10.2024, thereby direct the respondent Nos.3 to 7 not to interfere with day to day religious worship of the petitioners and its members in Gorimedu Seventh Day Adventists Church situated at No. 101 Kamaraj salai, Tindivanam Main road, Opposite to Maruti Mission, Thattanchavady, Puducherry- 605 009 and not to threaten and criminally intimate to handover possession of the church to the private respondent Nos.8 to 10.
For Petitioners : Mr.Prakash Adiapadam For Respondents For R1 to R7 : Mr.K.S.Mohan Dass Public Prosecutor (Pondy) For R8 & R9 : Ms.K.Swetha For Mr.M.Dinesh
ORDER
This writ petition has been filed for direction directing the respondents 1 & 2 to consider the representation submitted by the petitioners dated 11.10.2024, and also for direction directing the respondents 3 to 7, not to interfere with day to day religious worship of the petitioners and its members in Gorimedu Seventh Day Adventists Church situated at No. 101 Kamaraj salai, Tindivanam Main road, Opposite to Maruti Mission, Thattanchavady, Puducherry- 605 009 (hereinafter called as "the Church").
2.
It is seen that there was a dispute between the petitioners and the respondents 8 to 10 with regard to worship in Gorimedu Seventh Day Adventists Church. On the earlier complaint, it was referred before the Sub Divisional Magistrate for initiation of proceedings under Section 126 of BNSS. It was enquired and observed that both parties are claiming the possession and enjoyment of the Church, which is civil
dispute between two groups of people, with regards to the administrative authority of the Church management. Such dispute can be resolved only through proper civil litigation or mediation. Therefore, no order can be passed under Section 126 of BNSS and dismissed the proceeding. 3.
Considering the above facts and circumstance, the complaint lodged by the petitioners cannot be considered, since already a civil dispute is pending between the petitioners and the respondents 8 to 10 herein in respect of the Church. However, the petitioners are at liberty to approach the civil Court for appropriate relief, if so advised. 4.
Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
04.03.2025 (1⁄2) Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. The Director General of Police, Union Territory of Puducherry, Police Department, Government of Puducherry, Puducherry - 605 001.
2. The Inspector General of Police, Government of Puducherry, Puducherry - 605 001.
3. The Deputy Collector of Revenue (North), Revenue and Disasters Management Department, Government of Puducherry, New Saram, Puducherry - 605 013.
4. The Senior Superintendent Of Police (L&O) Orleanpet, Puducherry.
5. The Superintendent Of Police (North) Shanmugapuram, Puducherry- 605 009.
6. The Inspector Of Police Dhanvantri Nagar Police Station, Gorimedu, Puducherry- 605 006.
7. The Station House Officer (SHO) Dhanvantri Nagar Police Station, Gorimedu, Puducherry- 605 006.
8. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts and W.M.P.No.604 of 2025 04.03.2025 (1⁄2)