Pr. I. Issac Palas, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.19537 of 2021 Pr.I.Issac Palas ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Revenue Divisional Officer, Padmanathapuram Division, Thuckaly, Kanyakumari District.

4.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

5.The President, Kollenchi Village Panchayat, Kollenchi, Nattalam Post, Kanyakumari District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 03.11.2021 for church permission to the petitioner's Rays of Hope Church situated at No.5-117F, Pulluvilai, Kallukutti, Nattalam Post, Vilavancode Taluk, Kanyakumari District.

For Petitioner : Mr.M.Punitha Devakumar For R-1 to R-4 : Mr.A.K.Manikkam, Special Government Pleader For R-5 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed for issuance of writ of mandamus directing the first respondent to deal with the representation made by the petitioner on 03.11.2021, wherein, the petitioner has sought for running a Church in the subject property.

2. Heard the learned counsel on either side.

3. The petitioner had put up the construction and was conducting the prayer activities in the building. An objection was raised by the persons living in and around the locality. An inspection was made 2/5

and the petitioner was informed that he has to get the permission of the District Collector before running a Church in the subject property. In view of the same, the petitioner made a representation dated 03.11.2021 to the first respondent seeking for permission. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Taking into consideration the facts and circumstance of the case and without going into the merits of the case, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 03.11.2021 on its own merits and in accordance with law. Before passing final orders, the first respondent shall hear all the interested parties. The final order shall be passed within a period of three (3) months from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/5

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

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

3.The Revenue Divisional Officer, Padmanathapuram Division, Thuckaly, Kanyakumari District.

4.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

5.The President, Kollenchi Village Panchayat, Kollenchi, Nattalam Post, Kanyakumari District .

4/5

N.ANAND VENKATESH, J.

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