K. Anthony Muthu v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2014 K.Anthony Muthu ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Nagercoil.

3.The Superintendent of Police, Kanyakumari District, Nagercoil.

4.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil.

5.The Bishop, Kottar R.C. Diocese, Asaripallam Road, Nagercoil ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 4

to give necessary protection enabling the petitioner to arrange catholic priests to perform the religious and spiritual services in the Holy Family Church Carmel Nagr, Nagercoil without any hindrance from 5th respondent and his subordinate4s including the parish priest. For Petitioner :Mr.V.Jeyapragash For Respondents :Ms.D.Farjana Ghowshia Special Government Pleader for R1 & R2 :Mr.M.S.Sethuraman Additional Public Prosecutor for R3 & R4 :Mr.S.Meenakshi Sundaram for R5

O R D E R

This writ petition has been filed seeking for a mandamus directing the respondents 1 to 4 to give necessary protection enabling the petitioner to arrange catholic priests to perform the religious and spiritual services in the Holy Family Church Carmel Nagr, Nagercoil without any hindrance from 5th respondent and his subordinate4s including the parish priest. 2.The learned counsel for the petitioner had filed a memo stating that in spite of him, he had sent a registered post seeking instructions from the petitioner and till date he had not replied back and hence, he had filed a memo reporting no instructions. The same is recorded.

3.The dispute in the writ petition cannot be adjudicate upon under Article 226 of Constitution of India. If the petitioner is entitled to any right, it is a civil right, for which, he can approach the appropriate civil Court . Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

19.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn

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

2.The Revenue Divisional Officer, Nagercoil.

3.The Superintendent of Police, Kanyakumari District, Nagercoil.

4.The Inspector of Police, Nesamony Nagar Police Station, Nagercoil.

5.The Bishop, Kottar R.C. Diocese, Asaripallam Road, Nagercoil

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2014 19.12.2022