Madras High CourtWP(MD)/11467/2023disposed of

Fidelis.S v. The District Collector

2023-05-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Fidelis ... Petitioner Vs.

1.The District Collector, Thoothukudi District Collector Office, National Highway 7A, Korampallam, Thoothukudi District -628 101.

2.The District Superintendent of Police, District Superintendent Office, National Highway 7A, Korampallam, Thoothukudi District-628 101.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to allow the people to enter into the Chapel and conduct enquiry under Section 147 of Cr.P.C and direct the second respondent to give police protection for the devotees to enter into the chapel and conduct their prayer service peacefully.

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For Petitioner :Mr.S.Fidelis (Party in Person) For Respondents :M/s.S.Jeya Priya Government Advocate

O R D E R

********** Heard the petitioner in person and the learned Government Advocate appearing for the respondents.

2. The grievance of the petitioner is that in the Chapel constructed in the petition mentioned site, owing to dispute with a rival group, the petitioner and others are not allowed to offer their prayers.

3. We wanted to know the character of the land on which the construction had come up. It appears to be a poramboke land. It is not a private patta land. We wanted to know is after getting planning permission and clearance from the District Collector, the construction was put up. The answer is in the negative. We fail to understand as to how a place of religious worship can be allowed to be put up without compliance of the relevant laws. If the construction is illegal, the first respondent is obliged to take action as per law. 2/4

4. With this direction to the first respondent, the writ petition is disposed of. No costs.

[G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No SJ/SN To 1.The District Collector, Thoothukudi District Collector Office, National Highway 7A, Korampallam, Thoothukudi District -628 101.

2.The District Superintendent of Police, District Superintendent Office, National Highway 7A, Korampallam, Thoothukudi District-628 101.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

SJ/SN 0RDER MADE IN 10.05.2023 4/4