Stephen v. The Dist. Collector

W.P.(MD)No.13175 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13175 of 2020 and WMP(MD) No.11041 of 2020 Stephen : Petitioner Vs

1. The District Collector, Kanyakumari District, Nagercoil.

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

3. The Executive officer, Kaliakavilai Town Panchayat, Kaliakavilai, Vilavankode Taluk, Kanyakumari District.

4.Ebi Solomn : Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from interfering in the daily prayers and special prayers performed at the Indian Bethel Church, Thiruthuvapuram, Kaliakavilai, Kanyakumari District and protect the petitioner and the Indian Bethel Church to completely enjoy the constitutional right guaranteed under Article 25 of the Constitution of India based on the petitioner's representation dated 15.09.2020, within the period stipulated by this Court.

For Petitioner : Mr.R.Iyappan For Respondents : Mr.S.Angappan R1 to R3 Government Advocate

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner wants this Court to protect his rights as against the fourth respondent. The fourth respondent is a private individual. Therefore, the petitioner has to necessarily move only the jurisdictional Civil Court for relief. It the petitioner faces https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.13175 of 2020 any threat at the hands of the official respondents, then the Writ Court can interfere. It is not the case here. 3.Therefore, leaving open the petitioner's rights and granting liberty to the petitioner to move the jurisdictional Civil Court, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. I make it clear that I have not gone into the merits of the matter.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The District Collector, Kanyakumari District, Nagercoil.

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

3. The Executive officer, Kaliakavilai Town Panchayat, Kaliakavilai, Vilavankode Taluk, Kanyakumari District.

+1 CC to the SPL GP ( SR-18768[F] dated 01/10/2020 ) W.P.(MD)No.13175 of 2020 and WMP(MD) No.11041 of 2020 30.09.2020 SVN(CO) CS(12.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/