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Madras High CourtWP(MD)/28729/2022disposed of

Mahalingam v. The District Collector

2023-11-20Honourable Mr Justice G.R.Swaminathan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.28729 of 2022 & 26039 & 27352 of 2023 and W.M.P(MD)Nos.22718 of 2022, 23501, 23503 & 23504 of 2023 W.P(MD)No.28729 of 2022:

Mahalingam ... Petitioner Vs.

1.The District Collector, Thoothukudi District, 2.The District Revenue Officer, Thoothukudi, 3.The Tahsildar, 1/8

4.The Inspector of Police, Eral Police Station, 5.T.D.T.A.Primary School, Represented by its Head Master, Mela Theru, Siruthondanallur, 6.The Chruch of South India Trust Association, Siruthondanallur Branch, Represented by Branch Incharge, Paul Durai, S/o.Murugesan, 55A, Asarimar Street, Siruthondanallur, Eral Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to forbear the respondents 5 and 6 from constructing and commencing any place of worship in the land in Survey No. 283/35 situating in Siruthondanallur, Eral Taluk, Thoothukudi District, by considering the representations dated 04.01.2021 and 19.12.2022. For Petitioner : Mr.M.S.Jeyakarthick For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 2/8

Mr.A.Albert James Government Advocate for R.4 Mr.G.Prabhu Rajadurai for R.5 & R.6 W.P(MD)No.26039 of 2023:

CSI Thoothukudi - Nazereth Diocese, Represented by its Treasurer, Mohanraj Arumainayagam, No.100, Beach Road, CaldWell Higher Secondary School Campus, ... Petitioner Vs.

1.The Revenue Divisional Officer, Tiruchendur, 2.The Tahsildar, 3.Mahalingam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to implement the proceedings of first respondent in Mu.Mu.a.No.1/3249/2023 dated 26.08.2023 regarding the land in Survey 3/8

no. 283/35, Siruthondanallur Village, Eral Taluk, Thoothukudi District by entering the name of the Church as well as the school of the petitioner Diocese in revenue records.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 & R.2 Mr.Jeyakarthick for R.3 W.P(MD)No.27352 of 2023:

Mahalingam ... Petitioner Vs.

1.The District Collector, Thoothukudi District, 2.The Revenue Divisional Officer, Tiruchendur, 3.The Tahsildar, Eral Taluk Office, Eral, 4.CSI Thoothukudi - Nazereth Diocese, Represented by its Treasurer, 4/8

Mohanraj Arumainayagam, No.100, Beach Road, CaldWell Higher Secondary School Campus, 5.Pal Durai 6.T.D.T.A.Primary School, Represented by its Head Master, Mela Theru, Siruthondanallur Village, Eral Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records in relating to the impugned proceedings in MU.MU.A. 1/3249/2023 dated 26.08.2023 of the second respondent and to quash the same as illegal and consequently, to direct the respondents 1 to 3 to take appropriate action as against the respondents 4 and 5 for using the land in Survey No.283/35, situating in Siruthondanallur Village, Eral Taluk, Thoothukudi District as place of worship, without properly getting permission as per the Tamil Nadu Panchayat Building Rules, 1997. For Petitioner : Mr.M.S.Jeyakarthick For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.G.Prabhu Rajadurai for R.4 to R.6 5/8

COMMON ORDER Heard both sides.

2. The question that calls for consideration is whether the Church was in existence in Survey No.283/35 in Siruthondanallur Village, Eral Taluk, Thoothukudi District. I do not want to go into the factual aspects. It is for this reason I decline to consider the issue on merits.

3. The District Collector, Thoothukudi shall hold an enquiry on 28.11.2023 at 03.00 p.m. The representatives of CSI Thoothukudi - Nazereth Diocese shall be present. Likewise Thiru.Mahalingam and other villagers shall also be present on the said date. Of course, inside the office of the District Collector, Thoothukudi only the representatives from either side can be present. The scope of enquiry shall be confined to the existence or otherwise of Church in the petition mentioned site. If the District Collector, Thoothukudi concludes that a Church was infact in existence, the CSI Thoothukudi - Nazereth Diocese shall be permitted to reconstruct the said building. Whatever be the finding of the District 6/8

Collector, appropriate proceedings shall be issued and served on the parties concerned. The rights of both the parties are left open.

4. These writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

20.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 21.11.2023.

To 1.The District Collector, Thoothukudi District, 2.The District Revenue Officer, Thoothukudi, 3.The Tahsildar, 7/8

G.R.SWAMINATHAN, J.

MGA 4.The Inspector of Police, Eral Police Station, 5.The Revenue Divisional Officer, Tiruchendur, W.P(MD)Nos.28729 of 2022 & 26039 & 27352 of 2023 and W.M.P(MD)Nos.22718 of 2022, 23501, 23503 & 23504 of 2023 20.11.2023 8/8