Madras High CourtWP(MD)/16092/2015disposed of

Rev.R.Vijayakumar v. The District Collector

2015-09-03Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16092 of 2015 Rev. R.Vijaykumar, General Treasurer, India Evangelical Luthern Church, Nagercoil, Kanyakumari District ...Petitioner Vs.

01.The District Collector, Collectorate, Kanyakumari District.

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

03.The Tahsildar, Nagercoil, Kanyakumari District.

04.The Superintendent of Police, East of Tower Street, Nagercoil, Kanayakumari District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents herein to ensure that smooth and peacefulness and to give adequate protection to the installation function conducted by the petitioner society on 04.09.2015 at 10.00 a.m., at Concordia Theological Seminary, India Evangelical Lutheran Church, Nagercoil by considering the representation, dated 26.08.2015 given by the petitioner. For petitioner : Mr.V.Bharathidasan for Mr.K.Govindarajan For Respondents : Mr.D.Muruganantham Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents herein to give adequate protection to the installation function to be conducted by the petitioner Society on 04.09.2015 at 10.00 a.m., at Concordia Theological Seminary, India Evangelical Lutheran Church, Nagercoil by considering the representation of the petitioner, dated 26.08.2015.

2. Mr.D.Muruganantham, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal. https://hcservices.ecourts.gov.in/hcservices/ 4.It is averred in the petition that the service of installation is proposed to be held on 04.09.2015. The said function will be presided over by the President of India Evangelical Luthern Church, Rev.

S.Rajagambeeram and he will also preside over the service of installation and conduct the installation rite of the Principal (Dr.Monickaraj) having been authorized by the Church, in the presence of foreign dignitaries. During the said function, the unsuccessful candidates had proposed to disturb the regular functions of IELC by the present administrative body run by the current elected office bearers and has also targeted the service installation proposed to be held on 04.09.2015. Since the petitioner society apprehends that the unsuccessful candidates and their men will stall the holy spiritual service installation by creating untoward incidents at the time of installation. Hence, the petitioner society gave a representation dated 26.08.2015 to the respondents herein to give police protection during installation on 04.09.2015. Since the said representation was not considered so far, the petitioner has come forward with the Writ Petition for the above stated relief.

5. The learned Additional Government Pleader on instructions submitted that the installation is proposed to be held at Concordia Theological Seminary, India Evangelical Lutheran Church, Nagercoil, if the petitioner changes the venue, the fourth respondent will consider to give adequate protection.

6. The learned counsel for the petitioner submitted that the petitioner society is prepared to change the venue.

7. In view of the submission made by the learned counsel for the petitioner, this Court directs the petitioner to give fresh representation to the fourth respondent by changing the venue, forthwith and on receipt of the same, the fourth respondent is directed to consider the same and pass appropriate orders today itself. With the above direction, the Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar.

To 01.The District Collector, Collectorate, Kanyakumari District. 02.The Revenue Divisional Officer, Nagercoil, Kanyakumari District. 03.The Tahsildar,Nagercoil,Kanyakumari District. 04.The Superintendent of Police,East of Tower Street,Nagercoil, Kanayakumari District.

1CC to Mr.K. Govindarajan, Advocate, SR.No.51518. W.P(MD).No.16092 of 2015 03.09.2015 2P/6C AM/GSV.PM/SAR-I/03.09.2015.

https://hcservices.ecourts.gov.in/hcservices/