Madras High CourtWP(MD)/8707/2022disposed of

Simson.A v. The Secretary To Government,

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8707 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8707 of 2022 A.Simson ... Petitioner /Vs./ 1.The Secretary to Government, Home (cts IV) Department, Secretariat, Chennai.

2.The District Collector, Kanyakumari District, At Nagercoil.

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

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue licence to the petitioner for the purpose of solemnization of marriage among Christian community under the Indian Christian Marriage Act, within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.S.M.Anantha Murugan For Ms.R.Jenifer Bibin For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition is filed for a Mandamus, seeking for a direction to the respondents to issue licence to the petitioner for the purpose of solemnization of marriage among Christian community under the Indian Christian Marriage Act, 1872, within a time frame to be fixed by this Court.

2.According to the petitioner, he had applied for licence for solemnization of the Christian Marriages as per the provisions of the Indian Christian Marriage Act, 1872, and he claims to be a priest. It is also the contention of the petitioner that all the formalities have been duly complied with by the respondents. But, no final orders have been passed till date granting licence to the petitioner. In such circumstances, he has filed this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8707 of 2022 3.Heard Mr.S.M.Anantha Murugan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice would be caused to the respondents, if a direction is issued by this Court to the second respondent to pass final orders on the petitioner's representation dated 13.01.2022 seeking for grant of licence in his favour for the purpose of solemnization of Christian Marriages as per the provisions of the Indian Christian Marriage Act, 1872.

5.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 13.01.2022 seeking for grant of licence in his favour for the purpose of solemnization of Christian Marriages as per the provisions of the Indian Christian Marriage Act, 1872, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Secretary to Government, Home (cts IV) Department, Secretariat, Chennai.

2.The District Collector, Kanyakumari District, At Nagercoil.

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

+1 CC to M/s.R.JENIFAR BIBIN, Advocate ( SR-22900[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23307[F] dated 04/05/2022 ) W.P.[MD]No.8707 of 2022 29.04.2022 MGJ(19.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2