John Kennady v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD) No.19461 of 2019 John Kennedy ... Petitioner -vs1.The District Collector Kanyakumari District at Nagercoil 2.The Block Development Officer Killiyur Kanyakumari District 3.The Tahsildar Killiyur Taluk Kanyakumari District 4.The Inspector of Police Karungal Police Station Kanyakumari District 5.Maria Nelson 6.Lawrance 7.Thanislas ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from granting permission to the respondents 5 to 7 for conducting convention meeting or any other religious activities in Survey No.543 of Paloor Village, Killiyoor Taluk, Kanyakumari District, except under the due process of law. For Petitioner :

Mr.V.Sasikumar For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.S.Ravi Additional Public Prosecutor for R4 Mr.A.Balakrishnan for R5 to R7

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] Learned counsel for the petitioner would submit that public religious activities are performed by the respondents 5 to 7 in the subject place, without obtaining any permission from the competent authorities.

2. Religious activities must be done with the permission of the District Collector. Even for construction of religious buildings, such permission is required under the provisions of the Act. Any violation in this regard is actionable. Thus, the respondents 1 to 4 are directed to conduct an enquiry and if any such religious activities are conducted in violation of the

rules or any buildings are constructed without permission, all appropriate actions are to be initiated by following the procedures as contemplated under law.

3. At this juncture, learned counsel appearing for the respondents 5 to 7 submitted that it is a private family affair and not a public affair.

4. However, the said submission is to be verified by the authority concerned.

5. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [S.S.Y., J.] 03.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Block Development Officer, Killiyur, Kanyakumari District.

3.The Tahsildar, Killiyur Taluk, Kanyakumari District.

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

S.M.SUBRAMANIAM, J.

and S.SRIMATHY , J.

krk and W.M.P.(MD) No.19461 of 2019 03.07.2025