Madras High CourtWP(MD)/24176/2019disposed of

Yesudasan v. The District Collector

2021-12-22Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.24176 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.24176 of 2019 Yesudevan ... Petitioner vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Executive Officer, Kappiyarai Town Panchayat, Kappiyarai, Karunkal Post, Nagercoil, Kanyakumari District.

3.The Assistant Director (Panchayat), Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to grant permission for altering the existing building in S.No.442/6, Kappiayarai Village, Kalkulam Taluk, Kanyakumari District to a prayer hall based on the representation, dated 18.10.2019.

For Petitioner :Mr.M.Ashok Padmaraj For R1 and R2 :Mr.J.John Rajadurai Special Government Pleader For R3 :No Appearance

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent/District Collector, Nagercoil at Kanyakumari District to grant permission to alter the existing building in S.No.442/6, Kappiyarai, Kalkulam Taluk, Kanyakumari District, to a prayer hall. The petitioner had given a representation on 18.01.2019 in this regard.

2.Heard Mr.M.Ashok Padmaraj, learned Counsel for the petitioner and Mr.J.John Rajadurai, learned Government Advocate for R1 and R2. 3.In the affidavit filed in support of this Writ Petition, it had been stated that the petitioner, who is a senior citizen, ageed about 78 years, in the year 2019, had given a representation to the first respondent stating that the existing building at S.No.442/6, Kappiyarai, Kalkulam Taluk, Kanyakumari District, may be converted into a prayer hall. It is stated that there is already a small construction. The petitioner wants to make a small alteration for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.24176 of 2019 the benefit of the members of New Jerusalem Church. He had also given a representation on 18.10.2019.

4.A direction is given to the first respondent to issue notice to the petitioner to appear before the first respondent on or before 05.01.2022 and enquire the petitioner, examine the documents of the petitioner and pass a detailed order with respect to the representation given by the petitioner herein. The District Collector, Kanyakumari District may realise that the petitioner is a senior citizen and whatever be the request, there is a duty cast on the first respondent as District Collector to bestow his attention to address the grievance raised by the petitioner. Let the first respondent/District Collect pass orders on the representation of the petitioner on or before 31.01.2022..

5.With the said observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The Executive Officer, Kappiyarai Town Panchayat, Kappiyarai, Karunkal Post, Nagercoil, Kanyakumari District.

3.The Assistant Director (Panchayat), Nagercoil, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-40235[F] dated 23/12/2021 ) W.P.(MD)No.24176 of 2019 22.12.2021 SK(CO) KB(31.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2