P.Sudharsanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Sudharsanan ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Sub Collector, Padmanabhapuram, Thuckalay.

4.The Inspector of Police, Arumanai Police Station, Arumanai Post, Kanyakumari District.

5.R.Kanaharaj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

respondents 1 and 3 to dispose of the representation of the petitioner dated 10.07.2023.

For Petitioner : Mr.C.Godwin For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R.1 & R.3 Mr.A.Albert James Government Advocate (Criminal Side) for R.2 & R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 and 3 and the learned Government Advocate (Criminal Side) appearing for the respondents 2 and 4. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with. 2.The petitioner alleges that the religious activities of the fifth respondent are causing considerable nuisance to him. It is stated that without getting proper approval from the concerned authorities, the fifth respondent is using his house as a place of public religious worship. He is said to have installed loud speakers causing nuisance to the public. 2/4

3.The petitioner has given representation in this regard before the second respondent. The second respondent is directed to issue notice to the fifth respondent and conduct enquiry. The third respondent will receive reports from the second respondent also. If it is noticed that the fifth respondent has not obtained prior approval, then remedial steps shall be taken up by the third respondent immediately and without delay to stop such activities. If the fifth respondent has obtained proper approval, while he may be allowed to use the place for public worship, direction shall be issued so that his activities do not pose nuisance to the petitioner herein. The entire exercise shall be completed by the fifth respondent within a period of three months from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

04.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Sub Collector, Padmanabhapuram, Thuckalay.

4.The Inspector of Police, Arumanai Police Station, Arumanai Post, Kanyakumari District.

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