The London Missionary Society Church v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.203 of 2020 The London Missionary Society Church (LMS Kalparayadi) Kanniyakulam Parayadi rep.by its Secretary Y.Rajan Vettoornimadam, Vadasery Village Agasteeswaram Taluk Kanyakumari District ... Petitioner -vs1.The District Collector Kanyakumari District Nagercoil 2.The Superintendent of Police Kanyakumari District Nagercoil 3.The Thasildhar Agastheeswaram Taluk Kanyakumari District Nagercoil
4.The Executive Officer Kaniyakulam Panchayat Kaniyakulam Post Nagercoil, Kanyakumari District 5.The Inspector of Police Vadaseri Police Station Nagercoil, Kanyakumari District 6.The Church of South India Diocese (CSI) Nagercoil rep.by its Bishop, Office at Nagercoil Agasteeswaram Taluk Kanyakumari District 7.R.Jeyakumar 8.Devasagayam 9.Manoharan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take action against the respondents 6 to 9 and thereby to stop the unauthorized construction made in the name of "CSI Prayer Hall" without obtaining plan approval from the authorities in Survey No.721/2 in Vadasery Village, Vettoornimadam, Vadasery Village, Agasteeswaram Taluk, Kanyakumari District, in violation of the Hon'ble Retired Justice Venugopal Commission Report, dated 21.09.1985 and Rule 4(3) of Tamilnadu Panchayats Building Rules, 1997.
For Petitioner :
Mr.S.Vashik Ali For Respondents :
Mr.T.Amjad Khan Government Advocate for R1, R3 & R5 Mr.S.S.Madhavan Government Advocate (Crl.Side) for R2 & R4 Mr.F.Deepak for R6 No appearance for R7 to R9
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 5 to take action against the respondents 6 to 9 and thereby to stop the unauthorized construction made in the name of "CSI Prayer Hall" without obtaining plan approval from the authorities in Survey No.721/2 in Vadasery Village, Vettoornimadam, Vadasery Village, Agasteeswaram Taluk, Kanyakumari District, in violation of the Hon'ble Retired Justice Venugopal Commission Report, dated 21.09.1985 and Rule 4(3) of Tamilnadu Panchayats Building Rules, 1997.
2. According to the petitioner, the District Collector is the competent authority to grant permission for construction of Church or Prayer
Hall. But, without obtaining any permission from the District Collector, the respondents 6 to 9 are constructing a Prayer Hall in the subject land. Seeking to stop the said unauthorized construction of Prayer Hall, the petitioner submitted representations to the official respondents. However, no fruitful action was taken thereafter based on the petitioner's representations. Hence, this writ petition.
3. The fifth respondent has filed a counter affidavit stating that on getting information from the petitioner, the Police Department and the Revenue Department has taken due legal action against the unauthorized construction of Prayer Hall and the Revenue Authority has closed and sealed the premises on 19.01.2020 itself and till date the same status is maintained.
4. Taking into consideration the above facts and circumstances of the case, we direct the authority concerned to take necessary steps for removal of the unauthorized construction of Prayer Hall made by the respondents 6 to 9 in the subject land, in accordance with law, after providing due opportunity to the parties concerned, without any further delay.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] 13.03.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Superintendent of Police, Kanyakumari District, Nagercoil.
3.The Thasildhar, Agastheeswaram Taluk, Kanyakumari District, Nagercoil.
4.The Executive Officer, Kaniyakulam Panchayat, Kaniyakulam Post, Nagercoil, Kanyakumari District.
5.The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
krk and W.M.P.(MD) No.203 of 2020 13.03.2024