Pastor J.Roche v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.10865 & 10866 of 2018 Pastor J.Roche ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District.

3.The Tahsildar, Vilavankode Taluk, Kanyakumari District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order in Na.Ka.Aa4/7821/2017 dated 13.12.2017 passed by the third respondent herein and quash the same as being illegal, arbitrary, unconstitutional and consequently direct the first respondent to grant permission to the petitioner to conduct prayer meetings in the prayer hall at Apostalic Revival Church, NO.IV-12-11(2), Karaikadu, Puthuvel Veedu, 1/5

Mathoorkonam Village, Arumanai Post, Vilavankode Taluk, Kanyakumari District by considering the petitioner's representation dated 23.05.2018. For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed by the third respondent, dated 13.12.2017 thereby, rejected the representation of the petitioner seeking permission to conduct prayer Meeting at Apostalic Revival Church, NO.IV-12-11(2), Karaikadu, Puthuvel Veedu, Mathoorkonam Village, Arumanai Post, Vilavankode Taluk, Kanyakumari District.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The learned counsel appearing for the respondents would submit that the competent authority is only the District Collector for issuance of permission to the petitioner to conduct prayer meeting. 2/5

4. It is seen from the representation submitted by the petitioner addressed to the District Collector/first respondent that seeking permission was made on 23.05.2018. It may not be available with the file of the first respondent and as such, the petitioner is at liberty to submit a fresh application to the first respondent on fresh cause of action seeking permission to conduct prayer Meeting at Apostalic Revival Church, NO.IV-12-11(2), Karaikadu, Puthuvel Veedu, Mathoorkonam Village, Arumanai Post, Vilavankode Taluk, Kanyakumari District within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the same, after giving an opportunity of hearing to the petitioner and counter part, if any, and pass orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Internet : Yes Index : Yes/No 13.11.2024 Speaking/Non Speaking order am 3/5

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

2.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District.

3.The Tahsildar, Vilavankode Taluk, Kanyakumari District.

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G.K.ILANTHIRAIYAN, J.

am 13.11.2024 5/5