G.Albin Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)No.11392 of 2024 G.Albin Raj ... Petitioner vs.

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

2. The Revenue Divisional Officer, Padmanabhapuram, Thuckalay Division,

3. The Tahsildar, Kalkulam Taluk,

4. The Executive Officer, Reethapuram Town Panchayat, Kalkulam Taluk,

5. Jegan Lal ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the official respondents Page No.1 of 5

from granting permission for the religious institution (Church) at Survey No.273/17, Irumbilikarai, Reethapuram Village, Kalkulam Taluk, Kanyakumari District, to avoid religious discrimination and law and order problem in the village based on the petitioner's representation dated 25.04.2024 and the representation of the Hindu Munnani dated 16.05.2024 within the stipulated period by this Court. For Petitioner : Mr.Ananth C.Rajesh For R1 to R3 : Mr.S.Shaji Bino, Special Government Pleader For R4 : Mr.N.Satheesh Kumar Additional Government Pleader For R5 : Mr.S.Vanchi Nathan

ORDER

R.MAHADEVAN, A.C.J.

AND G.R.SWAMINATHAN , J.

Heard both sides.

2.

The specific allegation of the petitioner is that the 5th respondent has not obtained any permission from the 1st respondent for using the petition mentioned building for religious purpose. 3.

When the matter was taken up for hearing, the undertaking affidavit was filed by the 5th respondent that the petition mentioned Page No.2 of 5

building will be used only for commercial activities and that it will not be put to use for religious activities. The respondents 1 to 4 are mandated to ensure that this undertaking is complied with in letter and spirit. In other words, the petition mentioned building will not be allowed to be used for religious purpose. If the 5th respondent breaches his undertaking not only the authorities can initiate action, the petitioner also will be at liberty to move this Court for contempt. 4.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., A.C.J.] & [G.R.S., J.] 19.06.2024 Index : Yes / No bala To

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

2. The Revenue Divisional Officer, Padmanabhapuram, Thuckalay Division, Page No.3 of 5

3. The Tahsildar, Kalkulam Taluk,

4. The Executive Officer, Reethapuram Town Panchayat, Kalkulam Taluk, Page No.4 of 5

R.MAHADEVAN, A.C.J.

AND G.R.SWAMINATHAN , J.

bala 19.06.2024 Page No.5 of 5