C. Sasikumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI C.Sasikumar ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Kanyakumari.

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

3.The Executive Officer, Kulasekaram Selection Grade Municipality, Kulasekaram, Kanyakumari Taluk, Kanyakumari District.

4.K.Kanagaraj ... Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from granting any permission to the 4th respondent for the illegal and unauthorized conversion of a Church in Survey No.364/14B, Kadimankottuvilai, Nacode, Kulasekaram Post, Kalkulam Taluk, Kanyakumari District, without obtaining proper permission from the respondents 1 to 3 and direct the respondents to maintain peace, social discipline and Law and Order at Kalkulam Taluk in Kanyakumari District, based on the petitioner's representation, dated 23.10.2018 and 21.11.2019 within the period stipulated by this Court. For Petitioner : Mr.T.Ramasamy For Respondents : Mr.A.Muthukaruppan (R1 to R3) Addl. Govt.Pleader 1/3

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.T.Ramasamy, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, the learned Additional Government Pleader, who accepts notice for the respondents 1 to 3.

2. This Writ Petition has been filed filed as a Public Interest Litigation to direct the 3rd respondent, not to grant any permission to the 4th respondent to convert a house into a Prayer Hall and not to conduct any regular prayer meeting, by using loud speakers and other equipment.

3. Under normal circumstances, we would have issued notice to the 4th respondent, but, however, in the light of two factors, we dispensed with notice. Firstly, as early as on 20.11.2018, the 3rd respondent has issued notice to the 4th respondent, calling upon him to desist using the house as a Prayer Hall and not to conduct any activity concerning a particular Religion. The 4th respondent has also warned that if he does not desist, action would be initiated, under the provision of Tamil Nadu District Municipalities Act, 1920.

4. We are informed by the learned Additional Government Pleader that the 4th respondent has not challenged the Notice, dated 20.11.2018, but the fact remains that he is carrying on his activities, which according to the 3rd respondent, is illegal. To demonstrate that the 4th respondent has violated the direction issued by the 3rd respondent in proceedings dated 20.11.2018, the petitioner has produced a pamphlet showing that a religious function was to be held on 26.11.2019. Immediately representation has been sent by the petitioner on 21.11.2019. The learned Additional Government Pleader submitted that action had been taken against the 4th respondent and the said function was not conducted on 26.11.2019. It is not sufficient for the 3rd respondent to prevent the solitary function, but the 3rd respondent should take permanent action in the matter and ensure that no religious activities are permitted in the said building, which has been constructed as a house.

5. It is not clear whether the 4th respondent has obtained planning permission to construct the house. If that has not been obtained, then the house which has been constructed itself is liable to be demolished. These factors should be taken note of by the 3rd respondent and effective orders should be passed so that no such activity, which are not authorized by law, is carried on by the 4th respondent in the said premises.

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6. With the above direction, the Writ Petition is disposed of. No costs.

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

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

3.The Executive Officer, Kulasekaram Selection Grade Municipality, Kulasekaram, Kanyakumari Taluk, Kanyakumari District.

+1 CC to M/s.T.RAMASAMY, Advocate ( SR-20803[I] dated 28/11/2019 ) +1 CC to M/s.Special Government Pleader ( SR-102369[F] 28/11/2019 ) 27.11.2019 MPK SDS (13.12.2019) 3P 6C 3/3