R.Alex Antony v. The Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/03/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.7570 of 2025 R.Alex Antony ... Petitioner Vs
1. The Secretary to the Government, the State of Tamilnadu, Revenue Department, St.George Fort, Secretariat, Chennai - 600 009..
2. The Director, The Central Bureau of Investigation, Plot No.5b, CGO Complex, Ladhi Road, New Delhi - 110 033..
3. The Joint Director, Chennai Zone, Central Bureau of Investigation, 3rd Floor, Evk Sambath Building, College Road, Chennai - 6..
4. The District Registrar, Registration Department, Virudhunagar District.. 1/6
5. The District Collector, Collectorate, Virudhunagar District..
6. The Revenue Divisional Officer, Office of RDO, Virudhunagar..
7. The Tahsildar, Virudhunagar Taluk, Virudhunagar District..
8. Rev.Antonysamysavarimuthu, Bishop and Apostolic Administrator, The Arch Bishop House, Sidco ITI Bus Stop, K.Pudhur, Madurai - 625 007..
9. Rev.Fr.Alwares Sebastian, Procurator,The Arch Bishop House, Sidco Iti Bus Stop, K.Pudhur, Madurai - 625 007..
10. Fr.Antony Packiam, Parish Priest, St.Joseph Church, Aruppukottai, Virudhunagar District..
... 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 to 7 respondents to consider the petitioner's representation dated 03.03.2025 and to pass appropriate orders to secure the properties of Arch diocese in Virudhunagar District and Taluk, Kottaipatti Village comprising S.No. 248/6A, 248/6B extent about 1 Acre 92 Cents and S.No. 247/1 and 247/3A extent about 16 cents - purchased by 10th respondent in the name of St.Innasiar Church, Virudhunagar and to investigate and initiate criminal proceedings as against the 10th respondent within stipulated time fixed by this Court.
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For Petitioner : Mr.K.R.Manimaran For Respondents : Mr.P.Thilak Kumar for R1 to R7 Government pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed for a direction to the respondents 1 to 7 to consider the petitioner's representation dated 03.03.2025 and to pass appropriate orders to secure the properties of Arch diocese in Virudhunagar District and Taluk, Kottaipatti Village comprising S.No. 248/6A, 248/6B extent about 1 Acre 92 Cents and S.No. 247/1 and 247/3A extent about 16 cents - purchased by 10th respondent in the name of St.Innasiar Church, Virudhunagar and to investigate and initiate criminal proceedings as against the 10th respondent.
2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
3. Since no adverse orders are going to be passed against the respondents 8 to 10, notice to the respondents 8 to 10 is dispensed with. 3/6
4. The petitioner has filed this writ petition styling it as a public interest litigation. However, from the affidavit filed in support of this writ petition, it would go to show that the petitioner under the guise of public interest has approached this Court to safeguard the properties of the 8th respondent Church. It seems that the dispute is purely civil in nature. Instead of approaching the civil Court for redressal of his grievances, the petitioner has straight away approached this Court by filing a public interest litigation.
5. Considering the facts and circumstances of the case, this Court is not inclined to grant the relief as sought for by the petitioner. Since the issue is of civil in nature, the petitioner has to approach the civil forum. Accordingly, this writ petition is dismissed. No costs. [J.N.B.,J] [S.S.Y.,J] 20.03.2025 NCC : Yes/No Index : Yes/No RR 4/6
To
1. The Secretary to the Government, Revenue Department, St.George Fort, Secretariat, Chennai - 600 009..
2. The Director, The Central Bureau of Investigation, Plot No.5b, CGO Complex, Ladhi Road, New Delhi - 110 033..
3. The Joint Director, Chennai Zone, Central Bureau of Investigation, 3rd Floor, Evk Sambath Building, College Road, Chennai - 6..
4. The District Registrar, Registration Department, Virudhunagar District..
5. The District Collector, Collectorate,Virudhunagar District..
6. The Revenue Divisional Officer, Office of RDO, Virudhunagar..
7. The Tahsildar, Virudhunagar Taluk, Virudhunagar District..
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J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.7570 of 2025 Date : 20/03/2025 6/6