Madras High CourtWP(MD)/1185/2020disposed of

C.Ponragavan v. The Secretary

2020-01-23Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1185 of 2020 and W.M.P(MD)No.932 of 2020 C.Ponragavan ... Petitioner Vs.

1.The Secretary, Home Department, Fort St.George, Chennai.

2.The District Collector, Nagarcoil, Kanyakumari District.

3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

4.The Superintendent of Police, Kanyakumari, Kanyakumari District.

5.The Inspector of Police, Suchindhram Police Station, Suchindhram, Kanyakumari District.

6.C.Devadhas ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus for-bearing the respondents 1 to 5 from allowing the 6th respondent to put up a Gate or Arch or Name Board of the Church in the disputed land in S.No.283/5, Mathusuthanapuram Village, Agasteeswaram Taluk, Kanyakumari District..

For Petitioner : Mr.M.T.Arunan For Respondents : Mrs.J.Padmavathi Devi 1 to 5 Special Govt.Pleader 1/3

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus for-bearing the respondents 1 to 5 from allowing the 6th respondent to put up a Gate or Arch or Name Board of the Church in the disputed land in S.No.283/5, Mathusuthanapuram Village, Agasteeswaram Taluk, Kanyakumari District.

2.Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents 1 to 5.

3.By consent of parties, the main Writ Petition is taken up for final disposal.

4.It appears that there has been an earlier round of litigation in respect of the subject-matter in the present Writ Petition, wherein, the Petitioner is not a party, in which, a contempt Petition is also said to be pending. 5.Be that as it may, the learned Special Government Pleader appearing for the respondents 1 to 5, upon instructions, submitted that admittedly, there is law and order problem between two religious groups in the said area and allowing the sixth respondent to put up construction would result in chaos and confusion in the general public of that locality. It is also stated that the respondents 1 to 5 will not allow the sixth respondent to put up any construction, as apprehended by the Petitioner, at least pending disposal of the Contempt Petition in the earlier round of litigation.

6.Recording the above-said submission, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. It is open to the Petitioner to pursue the Contempt Petition filed in the earlier round of litigation, in the manner known to law.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The Secretary, Home Department, Fort St.George, Chennai.

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2.The District Collector, Nagarcoil, Kanyakumari District.

3.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

4.The Superintendent of Police, Kanyakumari, Kanyakumari District.

5.The Inspector of Police, Suchindhram Police Station, Suchindhram, Kanyakumari District.

+2 CC to M/s.M.T.ARUNAN, Advocate ( SR-2721[F] dated 24/01/2020 ) +1 CC to M/s.SPL GP ( SR-2834[F] dated 24/01/2020 ) ORDER MADE IN W.P(MD)No.1185 of 2020 and W.M.P(MD)No.932 of 2020 23.01.2020 KM(CO) TR(27.01.2020)3P 9C 3/3