Dr.Rt.Rev.Sam Yesudhas, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.2666 of 2017 and W.M.P(MD)No.2205 of 2017 Dr.Rt.Rev.Sam Yesudhas ..Petitioner Vs 1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Padmanabhapuram, 3.The Block Development Officer, Office of the Block Development Officer, Village Panchayat, Painkulam, Vilavancode Taluk, ..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 grant permission to conduct church in R.S.No.42/4B measuring an extent of 5 cents of land with building at Chempattuvillai, Painkulam, Kanyakumari District by considering the representation dated 11.01.2017 within the time stipulated by this Court.

For Petitioner : M/s.T.Lajapathi Roy For Respondents : Mr.A.Muthukaruppan Addl.Govt.Pleader

ORDER

The Petitioner seeks for a direction to the first respondent to grant permission to conduct church in R.S.No.42/4B, measuring an extent of 5 cents of land with building at Chempattuvillai,

Painkulam, Kanyakumari District by considering the representation, dated 11.01.2017 within the time stipulated by this Court. 2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The grievance of the Petitioner is that the said representation given to the first respondent has not been considered so far. Needless to say that it is for the first respondent to consider and decide the matter on merits and in accordance with law and therefore, this Court, at this stage, is not expressing any view on the claim made by the Petitioner with regard to the permission sought for by him through his representation, dated 11.1.2017 However, the said representation is pending before the first respondent. Hence this Writ Petition. 5.

Considering the limited scope of the prayer sought for and without expressing any view on the merits of the claim made by the Petitioner, I only direct the first respondent to consider the representation of the Petitioner, dated 11.01.2017 and pass orders on the same, on merits and in accordance with law, also by hearing the persons interested in this matter, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Padmanabhapuram, 3.The Block Development Officer, Office of the Block Development Officer, Village Panchayat,

Painkulam, Vilavancode Taluk, +1CC TO MR.T.LAJAPATHI ROY, ADVOCATE, SR.NO:8809 +1CC TO THE SPL GOVERNMENT PLEADER, SR.NO:8934 vsn AE/CM MSA/27.02.2017/3P/6C W.P(MD)No.2666 of 2017 and W.M.P(MD)No.2205 of 2017 16.02.2017