P.Arulappan, v. the District Collector
Case brief
What is this about?
A writ petition seeking a prohibition against demolition or alteration of St. Andrews Church without planning permission was filed. The court noted that the fifth respondent intended to conduct a foundation stone ceremony rather than demolish or build immediately, deeming no specific order necessary.
What did the court decide?
Closed the Writ Petition as no specific order was deemed necessary based on the respondent's assurance.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI W.P.(MD)No.23780 of 2018 andW.M.P.(MD).No.21535 2018 P.Arulappan : Petitioner Vs. 1.The District Collector, Tirunelveli, Tirunelveli District. 2.Panagudi Town Panchayat, Through its Executive Officer, Panakudi, Tirunelveli District. 3.Most Rev.Moderator, Church of South India, 5, Whites Road, Royapettai, Chennai.
4.Right Rev.Christudoss, CSI Bishop, North High Ground Road, Palayankottai, Tirunelveli District.
5.Rev.Augustin Samraj Pator, St.Andrew Church, Panagudi. : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents 1 and 2 from in any way permitting the respondents 3 to 5 from demolishing or in any way altering the existing St.Andrews Church,Panagudi, Radhapuram Taluk, Tirunelveli Distric and to direct the respondents No.1 & 2 to forbid any demolition or new construction without obtaining planning permission under Town and Country Planning Act and Tamil Nadu District Municipalities Act, 1920 and the Rules made under.
For Petitioner : Mr.A.Arumugam for M/s Ajmal Associates For R1 & R2 : Mr.M.Jeyakumar Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For R5 : Mr.J.Bharathan
2
Issues for consideration
2 issues framed by the court
Whether to issue a writ of Mandamus forbidding respondents from permitting demolition or alteration of St. Andrews Church without planning permission.
Whether the petitioner is entitled to directions that officials forbid construction without obtaining permission under municipal and planning acts.
Parties & counsel
- petitioner
P. Arulappan
- respondent
The District Collector, Tirunelveli
- respondent
Panagudi Town Panchayat
- respondent
Most Rev. Moderator, Church of South India
- respondent
Right Rev. Christudoss
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court