Madras High CourtWP(MD)/7307/2020dismissed

Aurther David, v. The District Collector

2023-03-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.6760 of 2020 Aurther David .. Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Revenue Divisional Officer, Padmanabhapuram, Thakkalai, Kanyakumari District.

4.The Sub Inspector of Police, Kaliakavilai Police Station, Kaliakavilai, Kanyakumari District.

5.K.Selvaraj 6.Pr.Ebi Soloman .. Respondents [R6 - impleaded vide order dated 01.09.2020 in W.M.P. (MD) No.9088 of 2020 in W.P.(MD) No.7307 of 2020]

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from interfering in the communion and prayers performed by the petitioner at the Indian Bethel Church, Thiruthuvapuram, Kaliakavilai, Kanyakumari District without due process of law and directing respondents 1 to 4 to take appropriate legal action against the 5th respondent based on the petitioner's representations dated 12.06.2020 and 13.06.2020 within the time stipulated by this Court. For Petitioner :

Mr.Ananth C. Rajesh For RR1 & 3 :

Mr.T.Amjadkhan Government Advocate For RR2 & 4 :

Mr.M.Vaikkam Karunanithi Government Advocate For R5 :

Mr.M.Punitha Devakumar For R6 :

Mr.S.Siva Ilayaraja

ORDER

The issue involved in this writ petition is purely a private litigation between the petitioner and the fifth respondent. There is no averment that the public authorities have abdicated their duty. It is brought to my notice that a criminal compliant in CSR No.145 of 2020 with reference to

the very same issue has been registered on 02.06.2020. Further, when the parties were called for an enquiry, both of them had made a submission that they would settle their issue through a Court of law. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

27.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Revenue Divisional Officer, Padmanabhapuram, Thakkalai, Kanyakumari District.

4.The Sub Inspector of Police, Kaliakavilai Police Station, Kaliakavilai, Kanyakumari District.

P.T.ASHA, J.

abr Dated: 27.03.2023