Isac Rajamony v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Isac Rajamony .... Petitioner Vs 1.The District Collector, O/o. District Collectorate, Nagercoil, Kanyakumari District.

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

3.The Tahsildar, District Collectorate Premises, Agastheeswaram Taluk, Nagercoil, Kanyakumari District.

4.The Block Development Officer, Rajakkamangalam Panchayat Union, Pazhavilai, Kanyakumari District.

5.The Sub Inspector of Police, Vellichanthai Police Station, Kanyakumari District.

6.Muthu Saravanan

...Respondents

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Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the fourth respondent to hand over the Digital Board which is in the custody of the sixth respondent to petitioner's Paul Daniel Puram CSI church and consequently directing the fifth and sixth respondents not to interfere in day to day affairs of their church i.e., Paul Daniel Puram CSI church.

For Petitioner : Mr.T.Lajapathi Roy Senior Counsel For R1 & R3 : Mr.S.Shanmugavel Additional Government Pleader For R2 & R5 : Mrs.M.Aasha Government Advocate (Crl.side) For R4 & R6 : Mr.J.K.Jeyaseelan Government Advocate

O R D E R

This writ petition has been filed for a direction directing the fourth respondent to hand over the Digital Board which is in the custody of the sixth respondent to petitioner's Paul Daniel Puram CSI church and also for a direction directing the fifth and sixth respondents not to interfere in the day to day affairs of their church i.e., Paul Daniel Puram CSI church.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is the one of the council member of the Paul Daniel Puram Diocese as well as the member of Kanyakumari Parish. There is an 2/6

existing dispute between the people of Paul Daniel Puram and people of Sadayalputhur. While being so, the petitioner's church had erected the digital board for their church which displays regarding adoration in the name of Paul Daniel Puram CSI Church. Therefore, on the complaint lodged by the sixth respondent, FIR has been registered against the petitioner and the petitioner's church members in Cr.No.147 of 2024 and in pursuant to the registration of the FIR, digital board was removed and which is in the custody of the sixth respondent.

4. The learned Senior Counsel appearing for the petitioner would submit that the petitioner may be permitted to operate the digital board in the name of CSI church alone without using the name of Paul Daniel Puram.

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that already there was a suit between the petitioner's church and the people of Sadayalputhur resulting in O.S.No.358 of 1983. While judgment and decree dated 20.01.2003 on the file of the Additional District Munsif Court, Nagercoil held that the Sadayalputhur is separate union and it has to be called as Sadayalputhur. In the village of Sadayalputhur there is no place called Paul Daniel Puram. Accordingly, the 3/6

suit was decreed by the judgment and decree dated 20.01.2003. That apart another writ petition was filed in W.P.(MD)No.14381 of 2014 challenging the order dated 28.04.2014 thereby the challenge of address of the Government Primary School as Paul Danielpuram. This Court by the order dated 09.06.2022 dismissed the writ petition and observed that there is no village/Hemlet in the name of Paul Danielpuram. Further, the authorities clarified that the name of the Hamlet is only Sadayalputhur. Even then the petitioner used the digital board in the name of CSI Paul Danielpuram. Therefore, the sixth respondent has rightly removed the same.

6. In view of the above, the petitioner is restrain from using the place called Paul Danielpuram in Sadayalputhur. The petitioner can display his church name as CSI church either mentioning the Sadayalputhur or without mentioning the place. On condition, the fourth respondent is directed to return the digital board to the petitioner.

7. With the above direction, the writ petition is disposed. No costs. Internet : Yes Index : Yes/No 27.01.2025 Speaking/Non Speaking order am 4/6

To 1.The District Collector, Nagercoil, Kanyakumari District.

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

3.The Tahsildar, District Collectorate Premises, Agastheeswaram Taluk, Nagercoil, Kanyakumari District.

4.The Block Development Officer, Rajakkamangalam Panchayat Union, Pazhavilai, Kanyakumari District.

5.The Sub Inspector of Police, Vellichanthai Police Station, Kanyakumari District.

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G.K.ILANTHIRAIYAN, J.

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