M.Jegan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.3238 of 2011 M.Jegan : Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

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

3.The Revenue Divisional Officer, Nagercoil Region, Nagercoil, 4.The Executive Officer, Thengampudur Town Panchayat, Thengampudur Post, 5.Muthulingam : Respondents (R.5 was impleaded as per the order dated 23.08.2016 made in M.P.(MD).No.2 of 2011) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 02.03.2011 for giving permission and recognition to the petitioner's Christian prayer activities in the Grace Good News Mission Church at 20/56, Chinnanaithanvilai, Monikettipottal Post, situated in re-survey No.322/3 of Madhusudhapuram Village, Agastheeswaram Taluk, Kanyakumari District.

For Petitioner :Mr.M.Punitha Devakumar For R.1 to 3 :Mr.Aayiram K.Selvakumar Government Advocate For R.4 :Mr.S.Srimathy For Impleaded 5th Respondent : Mr.K.Vamanan, for S.Rajendran,

O R D E R

The petitioner submitted a representation to the first respondent to permit him to undertake Christian prayer in a Church. Since no follow up action was taken by the respondents, the petitioner has come up with this Writ Petition. 2.

Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing on behalf of the respondents 1 to 3 and Mrs.Srimathy, learned Standing Counsel for the fourth respondent.

3. The first respondent is directed to consider and dispose of the representation dated 02.03.2011 on merits and as per law, with notice to all concerned, within a period of four months from the date of receipt of a copy of this order. Since there is an objection at the instance of the fifth respondent who was impleaded as per the order dated 23.08.2016 made in M.P.(MD). No.2 of 2011, he should also be given an opportunity of hearing before the disposal of the representation by the District Collector.

4. The petitioner is directed to forward a copy of the representation along with a copy of this order so as to enable the first respondent to pass appropriate orders as expeditiously as possible.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

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

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

3.The Revenue Divisional Officer, Nagercoil Region, Nagercoil,

4.The Executive Officer, Thengampudur Town Panchayat, Thengampudur Post, +1 cc to Mr.M.PUNITHA DEVA KUMAR,Advocate, Sr.No: 47044 +1cc to M/S Special Government Pleader, Sr No. 46747 +1 cc to Mr.S.RAJENDRAN,Advocate, Sr.No: 47552 JAM/SS2/22.09.16/ 3P-8C ORDER MADE IN W.P.(MD)No.3238 of 2011 23.08.2016