G.Sudarsanan Nair, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)Nos.1 of 2014 and 1 of 2015 W.P.(MD)No.18947 of 2014 G.Sundaraman Nair ... Petitioner versus

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Revenue Divisional Officer, Padmanabhapuram,

3. The Tahsildar, Kuzhithurai,

4. The Parish Priest, St. Michael Church, Manjalamoodu Post, ... Respondents 1/8

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 herein to prevent the 4th respondent or his men of any one claiming under him from constructing any Church or religious institution in Door No.1/57(1), Re.Sy.No.406/A1 in Thettivillai, Arumanai Village, Kanyakumari District and from converting the existing building in the same as a worship place without permission from the 1st respondent.

For Petitioner : Ms.J.Anandhavalli For R1 to R3 : Mr.J.K.Jayaselan, Government Advocate For R4 : Mr.Vallinayagam, Senior Counsel for Mr.R.Murugan W.P.(MD)No.2179 of 2015 L.Rema ... Petitioner versus

1. The District Collector, Kanyakumari District at Nagercoil.

2/8

2. The Revenue Divisional Officer, Padmanabhapuram,

3. The Superintendent of Police, Kanyakumari at Nagercoil.

4. The Inspector of Police, Arumanai Police Station,

5. Parish Priest St. Michael Church Manjalamoodu Post, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, forbearing the respondents 1 to 4 herein from in any manner allowing the 5th respondent herein from using the land and building in RS No.406/6A1 bearing Door No.1-5TC1 Thetrivilai, Arumanai Town Panchayat, as a religious place of worship, except by following due process of law. For Petitioner : Mr.Ram Sundar Vijayaraj For R1 to R4 : Mr.J.K.Jayaselan, Government Advocate 3/8

For R5 : Mr.Vallinayagam, Senior Counsel for Mr.R.Murugan COMMON ORDER W.P.(MD)No.18947 of 2014 has been filed for a Mandamus, directing the respondents 1 to 3 to prevent the St. Michael Church/the 4th respondent or its men from constructing any Church or religious institution in Door No.1/57(1), (Re.Sy.No.406/A1) situated in Thettivillai, Arumanai Village, Kanyakumari District and from converting the existing building as a worship place without permission from the 1st respondent.

2. W.P.(MD)No.2179 of 2015 has been filed for a Mandamus, forbearing the respondents 1 to 4 from in any manner allowing the St. Michael Church/5th respondent herein from using the land and building in RS No.406/6A1 bearing Door No.1-5TC1 Thetrivilai, Arumanai Town Panchayat, as a religious place of worship, except by 4/8

following due process of law.

3. The learned Senior Counsel appearing for the St. Michael Church submits that W.P.(MD)No.18947 of 2014 has been filed by the father and W.P.(MD)No.2179 of 2015 has been filed by her daughter for the very same relief. The District Collector, Kanyakumari, by his proceedings dated 28.10.2022, permitted the St. Michael Church to be renovated. He has also produced a copy of the proceedings dated 28.10.2022 of the District Collector, Kanyakumari, before this Court. In view of subsequent development, the prayer sought for in these writ petitions are infructuous.

4. The learned counsel for the petitioners seek for a short accommodation to get instructions from the petitioners.

5. Considering the proceedings of the District Collector, Kanyakumari, dated 28.10.2022, the competent authority permitting the 5/8

St. Michael Church to be renovated, these writ petitions are dismissed as no further orders are required to be passed. No costs. Consequently, connected miscellaneous petitions are closed. 30.10.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Revenue Divisional Officer, Padmanabhapuram,

3. The Tahsildar, Kuzhithurai,

4. The Parish Priest, St. Michael Church, Manjalamoodu Post, 6/8

5. The Superintendent of Police, Kanyakumari at Nagercoil.

6. The Inspector of Police, Arumanai Police Station, 7/8

B.PUGALENDHI, J.

ogy W.P.(MD)Nos.18947 of 2014 and 2179 of 2015 30.10.2023 8/8