K.Johnson, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.5055 of 2018 and W.M.P.(MD)No.5022 of 2018 K.Johnson ... Petitioner -Vs1. The Superintendent of Police, Virudhunagar,

2. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Vembakkottai Police Station, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from interfering with the church activities and regular prayer conducted in the church situated in Survey No.310/49 at door No.1/74, Church Road, Markanathapuram, Panyadipatti Post, Vembakottai Taluk, Virudhunagar District by considering the representation dated 05.02.2018.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

This writ petition has been filed to direct the respondents not to interfere with the church activities and regular prayer being conducted in the church situated in Survey No.310/49 at door No.1/74, Church Road, Markanathapuram, Panyadipatti Post, Vembakottai Taluk, Virudhunagar District by considering the representation dated 05.02.2018.

2.Heard, Mr.S.C.Herold Singh, learned counsel appearing for

the petitioner and Mr.N.Shanmuga Selvam, learned Additional Government Pleader, appearing for the respondents. 3.The learned counsel appearing for the petitioner has submitted that the petitioner Professes Christianity and he was conduct prayer in the Church situated in Survey No.310/49 at door No.1/74, Church Road, Markanathapuram, Panyadipatti Post, Vembakottai Taluk, Virudhunagar District, but, one Daniel and Joseph, who are residing at Soolakarai claiming, they are administrators of the said Church and interfering with the Church activities. He further submitted that the respondents also supporting the aforesaid persons and interfering with the peaceful offering of prayer in the church and hence, the petitioner has submitted a representation on 05.02.

2018 to the respondents not to interfere in the Church activities and also made request to provide police protection, but sofar, no action has been taken. 4.The learned Government Advocate appearing for the respondents has submitted that there are two groups in the said village and they are claiming rights over the said Church and in this regard already two cases have been registered. He further submitted that with a view to prevent law and order problem, the respondents have not granted any permission or police protection to the petitioner.

5.Considering the aforesaid submissions, the third respondent is directed to conduct the enquiry on the petitioner's representation after giving opportunity to both parties and pass appropriate order in accordance with law.

6.With the aforesaid observations, this writ petition is disposed of. No costs. Consequently, connected W.M.P.(MD) No.5022 of 2018, is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Virudhunagar,

2. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Vembakkottai Police Station, + 1 cc TO Mr.S.C.Herold Singh , Advocate in SR No. 54160 + 1 cc TO The Special Government Pleader in SR No. 54519 das AE/SKN RSK/SAR1/04.04.2018/3P/6C W.P.(MD) No.5055 of 2018 and W.M.P.(MD)No.5022 of 2018 09.03.2018