Madras High CourtWP(MD)/14185/2016disposed of

M.A.George, v. The District Collector,

2016-09-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.14185 of 2016 M.A.George ... Petitioner Vs.

1.The District Collector, District Collectorate Campus, Korampallam, Thoothukudi, Thoothukudi District.

2.A.Israel ... Respondents ( R - 2 is impleaded vide order dated 26.08.2016 in W.M.P(MD)No.10943 of 2016) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to consider and dispose of the petitioner's representation, dated 12.07.2016 within the time limit as stipulated by this Court in accordance with law.

For Petitioner : Mr.A.Thiruvadi Kumar For R - 1 : Mr.N.S.Karthikeyan Additional Government Pleader For R - 2 : Mr.G.Prabhu Rajadurai

ORDER

The present Writ Petition has been filed by the petitioner seeking a direction to the first respondent to consider his representation, dated 12.07.2016.

2.The grievance of the petitioner is that he is a member of Thoothukudi Nazereth Diocese, Maravanmadam and a land measuring an extent of 47 cents belongs to Maravanmadam Pastorate is used for running a School. Now, the second respondent proposed to construct a church in the land belonged to School. Hence, he made a representation to the first respondent/District Collector, not to grant any permission to construct the church. https://hcservices.ecourts.gov.in/hcservices/

3.The second respondent, who has been impleaded as party in the Writ Petition, has filed an affidavit stating that they are constructing church in a portion of five cents which is not belongs to the School. The local Panchayat also granted no objection for them to construct the church. Subsequently, the second respondent also filed an application before the District Collector seeking permission to construct the Church and the same is pending.

4.In the above circumstances, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner as well as the application filed by the second respondent and dispose of the same on merits and in accordance with law, after giving notice to parties and conduct an enquiry, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To The District Collector, District Collectorate Campus, Korampallam, Thoothukudi, Thoothukudi District.

+1 cc to M/s.A.Thiruvadi Kumar, Advocate in SR.No.50300 +1 cc to M/s.G.Prabhu Rajadurai, Advocate in SR.No.50534 +1 cc to The Special Government Pleader in SR.No.50571 ps CSL/GSV-PM/20.09.2016 :2P/5C W.P(MD)No.14185 of 2016 06.09.2016 https://hcservices.ecourts.gov.in/hcservices/