D.Murugaiah .I.A & A.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.16786 of 2015 D.Murugaiah ... Petitioner Vs.

1.The District Collector, Kanyakumari District at Nagercoil.

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

3.The Executive Officer, Town Panchayat, Kottaram, Agastheeswaram Taluk, Kanyakumari District.

4.The Bishop of CSI, Kanyakumari District, Nagercoil.

5.CSI Church, Achankulam Kottaram Post, Agastheeswaram Taluk, Kanyakumari District, through its President.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 from removing the illegal construction in S.No. 174/9 Achankumal Village Kottaram Agastheeswaram Taluk Kanyakumari District by Respondents 4 & 5 constructing a Church without fully complying with the provisions relating to the constructions of Religious place as provide under Tamil Nadu District Municipalities Act r/w. Municipality Building Rules.

For Petitioner : Mr.T.S.R.Venkataramana For Respondents 1-3 :Mr.M.Alagadevan, Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) https://hcservices.ecourts.gov.in/hcservices/ The grievance of the petitioner is that despite pendency of

civil suits, the respondent church indulging in construction without obtaining proper permission from the competent authority. In this regard, a complaint is lodged to the District Collector. Such complaint is a very recent in time. Therefore, we direct the District Collector to consider the said representation and pass appropriate orders, on its own merit and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

2.With the above direction, the writ petition stands disposed of. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar sms To 1.The District Collector, Kanyakumari District at Nagercoil.

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

3.The Executive Officer, Town Panchayat, Kottaram, Agastheeswaram Taluk, Kanyakumari District.

+1CC to Mr.T.S.R.Venkatramana Advocate Sr.No.55116 GJM/AN/MP/29/9/15-2P-5C Writ Petition (MD) No.16786 of 2015 15.09.2015 https://hcservices.ecourts.gov.in/hcservices/