C.Albert Sundersingh v. The Director General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.23407 of 2019 C.Albert Sundersingh ... Petitioner -vs1.The Director General Archaeological Survey of India Dharohar Bhawan 24, Tilak Marg New Delhi 2.The Commissioner Department of Archaeology Tamil Valarchi Valaagam Tamil Salai Egmore Chennai-600 008 3.The Archaeological Officer (I/C) Department of Archaeology 83, South Bazaar Palayamkottai Tirunelveli-627 002 4.The Archaeological Officer (I/C) Department of Archaeology 2A, Premier Studio Street Meenakshipuram Nagercoil Kanyakumari District 5.The Member Secretary Local Planning Authority 51, Melaratha Veethi Tuticorin 6.The District Collector Collectorate Korampallam Tuticorin District 1/5

7.The District Revenue Officer Collectorate Korampallam Tuticorin District 8.The Junior Engineer Public Works Department Tuticorin 9.S.E.C.Devasagayam Bishop Thoothukudi-Nazareth Diocese Caldwell Higher Secondary School Complex Beach Road Tuticorin Tuticorin District 10.Rev.P.Yobu Rathinasingh Priest St.Patrick Church Vadakkur Tuticorin District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned proceedings of the second respondent in Na.Ka.No.E3/3422/2019 dated 27.08.2019 and quash the same as illegal and consequently direct the respondents 1 to 4 to conduct a resurvey of St.Patrick's Church, Vadakkur, Tuticorin District, on the basis of the petitioner's representation dated 12.09.2019.

For Petitioner : Mr.B.N.Raja Mohamed For Respondents :

Mr.K.Prabhu Central Government Standing Counsel for R1 Mr.R.Murugan Additional Government Pleader for R2 to R8

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition as a public interest litigation to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned proceedings of the second respondent, dated 27.08.2019, to quash the same as illegal and consequently, to direct the respondents 1 to 4 to conduct a resurvey of St.Patrick's Church, Vadakkur, Tuticorin District, on the basis of his representation dated 12.09.2019. 2/5

2. It is the case of the petitioner that St.Patrick's Church, Vadakkur, Tuticorin District, is an ancient church and a heritage building. However, the respondents 9 and 10, who are incharge of the said church, are trying to demolish the building and construct a new church in the said place.

3. On the same set of facts, earlier, the petitioner filed a writ petition in W.P.(MD) No.14492 of 2019 to issue a writ of mandamus directing the first respondent to notify the St.Patrick's Church, Vadakkur, Tuticorin District, as an ancient monument and consequently, to direct the respondents 1, 2 and 6 herein to take over the church and its property and protest the same, on the basis of his representation, dated 30.05.2019.

4. The Honourable Division Bench of this Court, taking into consideration the case of both sides, by order dated 28.06.2019, disposed of the writ petition directing the respondents 2 to 4 therein to put the respondents 7 and 8, who are the respondents 9 and 10 herein, on notice, elicit their response and thereafter, consider and dispose of the petitioner's representation, dated 30.05.2019, on merits and in accordance with law and communicate the decision taken to the petitioner as well as to the respondents 9 and 10 herein.

5. From the reading of the order, dated 28.06.2019, passed in W.P.(MD) No.14492 of 2019, it is clear that the Honourable Division Bench had directed the respondents 2 to 4 therein to give notice only to the respondents 9 and 10 herein and not to the petitioner. Pursuant to the order passed in the said writ petition, the second respondent filed a report, dated 27.08.2019, stating that the St.Patrick's Church, Vadakkur, Tuticorin District, is not an ancient church and it was constructed only in the year 1965.

Further, the second respondent categorically held that there is nothing on record to establish that the church was constructed 100 years ago and while arriving at the said conclusion, the second respondent observed that on inspection, it was found that the walls of the church were constructed with bricks and cement and there were cracks in the walls and plywood sheets were fixed to protect the walls from further damage. When the second respondent had conducted a detailed enquiry and inspection and given a finding that the church is not an ancient church and it was constructed only in the year 1965, the second respondent being an expert in the field, the report of the second respondent cannot be disbelieved or rejected. Further, the petitioner has not attributed any motive on the second respondent for giving such a report.

The contention of the petitioner that he should be put on notice cannot be accepted for the reason that even on the earlier occasion, in W.P.(MD) No.14492 of 2019, this Court had directed the Authorities to give notice only to the respondents 9 and 10 herein and not to the petitioner.

already stated, the petitioner has filed the writ petition only as a public interest litigation and therefore, he cannot be put on notice by the Authorities prior to their inspection. In such view of the matter, we do not find any error or irregularity in the report of the second respondent, dated 27.08.2019.

6. Accordingly, the writ petition is devoid of merits and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Director General, Archaeological Survey of India, Dharohar Bhawan, 24, Tilak Marg, New Delhi.

2.The Commissioner, Department of Archaeology, Tamil Valarchi Valaagam, Tamil Salai, Egmore, Chennai-600 008.

3.The Archaeological Officer (I/C), Department of Archaeology, 83, South Bazaar, Palayamkottai, Tirunelveli-627 002.

4.The Archaeological Officer (I/C), Department of Archaeology, 2A, Premier Studio Street, Meenakshipuram, Nagercoil, Kanyakumari District.

5.The Member Secretary, Local Planning Authority, 51, Melaratha Veethi, Tuticorin.

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6.The District Collector, Collectorate, Korampallam, Tuticorin District.

7.The District Revenue Officer, Collectorate, Korampallam, Tuticorin District.

8.The Junior Engineer, Public Works Department, Tuticorin.

+1 CC to M/s.SPL.GP ( SR-106148[F] dated 20/12/2019 ) and W.M.P.(MD) No.23407 of 2019 19.12.2019 KK/SAR/07.01.2020/5P-10C/ 5/5