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Madras High CourtWP/39772/2024disposed of

J.Paul Moses v. The District Collector

2025-01-02Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.39772 of 2024 and W.M.P.Nos.43064 and 43067 of 2024

1. J.Paul Moses S/o. Jayapal The senior most devotee of the Church and also the acting principal of The Church residing at No.10, Thiruveethi Amman Koil Street Kazhikundram, Taramani, Chennai - 600 113

2. S.Chitra W/o.Sathyaseelan The Secretary of Sabha Panchayat of The Church No.15, Thiruveethi Amman Koil Street Kazhikundram, Taramani, Chennai - 600 113

3. The Carmel House of Prayer The Church Represented by its Pastor Mr.Jayakumar Residing at No.1, Thiruveethi Amman Koil Street Kazhikundram, Taramani, Chennai - 600 113 ... Petitioners Vs.

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1. The District Collector Collectorate Office, South Chennai

2. The Revenue Divisional Officer Guindy Taluk, Guindy, Chennai - 32

3. The Tahsildar (Executive Magistrate) Guindy Taluk, Guindy, Chennai - 32

4. R.Vethagiri @ Wilson Vethagiri

5. S.Muthucholan

6. S.Ilavarasan

7. The Carmel House of Prayer Trust Represented by Managing Trustee Mr.Vethagiri ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1 to 3 respondents to dispose of the pending proceedings under FIR No.38/2024 dated 29.02.2024, under Section 145 of Cr.P.C. on the file of the 1st to 3rd respondents and consequently keep the church open to devote by all the devotees. 2/6

For Petitioners : Ms.M.Devi Rudra For Respondents 1 to 3 : Mr.S.Sugendran Additional Public Prosecutor For Respondents 4 to 7 : Mr.D.Madhusudanan

ORDER

This Writ Petition has been filed by the petitioners to direct the respondents 1 to 3 to dispose of the pending proceedings under FIR No.38/2024 dated 29.02.2024, under Section 145 of Cr.P.C. on the file of the respondents 1 to 3 and consequently keep the church open for prayer by all the devotees.

2. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that when the matter came up before this Court 27.12.2024, this Court had directed the 2 nd respondent to dispose the pending proceedings under FIR No.38/2024 dated 29.02.2024, under Section 145 of Cr.P.C. on or before 31.12.2024 and accordingly, final order was passed by the nd respondent on 31.12.2024.

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3. Recording the submissions of the learned Additional Public Prosecutor, this Writ Petition is disposed of.

4. Consequently, connected Miscellaneous Petition in W.M.P.No.43067 of 2024 is closed. W.M.P. No.43064 of 2024 is ordered subject to payment of separate Court fee by each of the petitioners. There shall be no order as to costs.

5. The parties are at liberty to work out their remedy in the manner known to law.

02.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The District Collector Collectorate Office, South Chennai

2. The Revenue Divisional Officer Guindy Taluk, Guindy, Chennai - 32

3. The Tahsildar (Executive Magistrate) Guindy Taluk, Guindy, Chennai - 32

4. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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