Kevin Arachi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.881 of 2023 Kevin Arachi ... Petitioner v.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Kanyakumari District.

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

5.Joseph 6.Fr.Alkanthar, Parish Priest, Kanyakumari.

... Respondents (R6 suo motu impleaded vide order dated 14.02.2023) 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action against the fifth respondent and protect the petitioner and his family members from excommunication and discrimination being carried out by the fifth respondent in any form and manner on the basis of the petitioner's representation dated 12.12.2022 within a stipulated time. For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.B.Saravanan, Additional Government Pleader for R1 to R4 Mr.G.Anto Prince for R5

ORDER

The petitioner alleges that he and his family has been excommunicated and are being discriminated against by the local religious community. This allegation is vehemently and strongly denied by the respondents 5 and 6. The fifth respondent has been wrongly described as Parish Priest. The fifth respondent is the village headman. The sixth respondent alone is the Parish Priest of Kanyakumari. The learned counsel for the sixth respondent categorically states that he is ready to minister to the religious and spiritual needs of the petitioner's family. However, the petitioner will have to abide by the church rules and regulations. The petitioner has also no objection. 2/4

2.I must place on record that the allegations made by the petitioner have not been substantiated. Since the respondents five and six are ready to accept the petitioner as a member of the church and also take care of his religious and spiritual needs, no further order is necessary. 3.This writ petition is disposed of. No costs. 15.02.2023 Index : Yes / No Internet : Yes/ No SKM To 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Revenue Divisional Officer, Kanyakumari District. 4.The Revenue Divisional Officer, Kanyakumari District, Nagercoil. 3/4

G.R.SWAMINATHAN, J.

SKM W.P(MD)No.881 of 2023 15.02.2023 4/4