Aaris.M v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)NO.18145 of 2021 M.Aaris :Petitioner .vs.
1.The Government of Tamil Nadu, represented by its Additional Chief Secretary, Hindu Religious and Charitable Endowment Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 006.
3.The Joint Commissioner, Hindu Religios and Charitable Endowment Department, Nagercoil, Kanyakumari District.
4.The District Collector, Kanyakumari District, Nagercoil.
5.The Superintendent of Police, Kanyakumari District, Nagercoil.
6.K.Ramasamy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents 1 to 5 from granting any permission to the sixth respondent for the illegal and unauthorized conversion of a house as Church at Re-Survey No.93/1A, Kulasekaram A village, Thiruvattar Taluk, Kanyakumari District, without the proper permission from the fourth respondent and consequently to direct the respondents 1 to 5 to maintain peace, social discipline and Law and Order at Thiruvattar Taluk in Kanyakumari District based on the Petitioner's representations, dated 2.2.2021 and 18.2.2021 within the period stipulated by this Court.
For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R5
O R D E R
[Order of the Court was made by M.DURAISWAMY.,J.] The Petitioner has filed the above Writ Petition as a ''Public Interest Litigation'' to issue a Writ of Mandamus forbearing the respondents 1 to 5 from granting any permission to the sixth respondent for the illegal and unauthorized conversion of a house as Church at Re-Survey No.93/1A, Kulasekaram ''A'' village, Thiruvattar Taluk, Kanyakumari District, without the proper permission from the fourth respondent and consequently to direct the respondents 1 to 5 to maintain peace, social discipline and Law and Order at Thiruvattar Taluk in Kanyakumari District based on the Petitioner's representations, dated 2.2.2021 and 18.2.2021. 2.When the matter is taken up for hearing today, Mr.P.
Thilakkumar, learned Government Pleader, taking notice for the respondents 1 to 5, submitted that the Inspector of Police, Thiruvattar Police Station had already referred the matter under Section 107 of the Criminal Procedure Code making the Petitioner as well as the sixth respondent as ''A'' and ''B''parties respectively. Further, the learned counsel for the Petitioner submitted that as of today, the sixth respondent is not conducting any prayer in the property in question.
3.The learned counsel for the Petitioner submitted that the submission made by the learned Government Pleader may be recorded and the Writ Petition may be closed.
4.Having regard to the submisions made by the learned counsel appearing on either side, recording the submission made by the learned Government Pleader, the Writ Petition stands closed. No costs.
Sd/- Assistant Registrar (WRITS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Additional Chief Secretary, Government of Tamil Nadu, Hindu Religious and Charitable Endowment Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai - 600 006.
3.The Joint Commissioner, Hindu Religios and Charitable Endowment Department, Nagercoil, Kanyakumari District.
4.The District Collector, Kanyakumari District, Nagercoil.
5.The Superintendent of Police, Kanyakumari District, Nagercoil.
+1 CC to M/s.ANANTH C.RAJESH, Advocate (SR-31230[F] dated 05/10/2021) +1 CC to M/s.SPL.GP (SR-31357[F] dated 06/10/2021) W.P(MD)NO.18145 of 2021 05.10.2021 NSN(CO) SB(21.10.2021) 3P 8C