Allowed

Deva Sukin D.S v. The District Collector

Madras HC7 Sept 2021WP(MD)/15935/2021

Case brief

AI extract

What is this about?

This order on a writ petition directs the District Collector to consider the petitioner's application for approving the extension of a prayer hall's roof and granting permission to conduct prayers within three months, citing statutory rules requiring Collector approval for public worship sites.

What did the court decide?

The first respondent is directed to dispose of the petitioner's application dated 18.12.2017 by a reasoned order within three months after providing a reasonable opportunity.

Deva Sukin D.S Vs The District Collector — Pension and Retirement Benefits | Madras HC (2021)

¶1

W.P(MD).No.15935 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2021 CORAM

¶3

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.15935 of 2021

D.S.Deva Sukin

... Petitioner

Vs.

1.The District Collector, Kanniyakumari District, Nagercoil. 2.The Sub-Collector, Padmanabapuram, Thucklay, Kanniyakumari District. 3.The Thasildar, Vilavancode Taluk, Kuzhithurai, Kanniyakumari District. 4.The Executive Officer, Kadayal Town Panchayat, Kadayalumodu & Post, kanniyakumari District. 5.The Sub-Inspector of Police, Kadayalumoodu Police Station, Kalliyal, kanniyakumari District. ... Respondents

¶8

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to approve the plan for extension of first floor terraced roof prayer hall and permission to conduct prayer at Door No.7/56-C (3) Alancholai, Re-survey No.377/1, in Arakanadu Desam Kadayal Village, Kadayal Town Panchayat, Vilavancode Taluk, kanniyakumari District by considering the petitioner's application along with the building extension plan submitted on 18.12.2017.

¶9

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.P.Subbaraj Counsel for the State for R1 to R3 & R5 : Mr.M.Lingadurai for R4

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

1/3

¶12

W.P(MD).No.15935 of 2021

¶13

ORDER

¶14

The petitioner seeks the approval of the District Collector for the extension of the first floor of the terraced roof prayer hall and also seeks permission to conduct prayers at Door No.7/56-C (3) Alancholai, Re-survey No.377/1, in Arakanadu Desam Kadayal Village, Kadayal Town Panchayat, Vilavancode Taluk, kanniyakumari District.

¶15

2.The petitioner states that he purchased the aforesaid property. Upon obtaining building approval from the Executive Officer Kadayal Taluk, he constructed a small building thereon. Such building was used for purposes of enabling people to pray and also undertake related spiritual activities. On account of the fact that it was not possible to accommodate all the participants at such prayer meetings, the petitioner decided to expand the size of such prayer hall. In connection therewith, the petitioner submitted an application to the first respondent and, in terms of the instructions of the first respondent, submitted the relevant plan to the fourth respondent.

¶16

3.Upon receipt of the relevant plan, the fourth respondent directed the petitioner to approach the first respondent for the requisite consent. The petitioner states that in spite of the passage of more than four years his application has not been approved.

¶17

4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 1 to 3 and 5 and Mr.M.Lingadurai, learned Standing Counsel, accepts notice for the fourth respondent.

¶18

5.The Tamilnadu Panchayat Building Rules 1997 have been framed in exercise of power under Section 242(2) of the Tamil Nadu Panchayats Act 1994. Sub Rule 3 of Rule 4 thereof stipulates that no site shall be used for public worship or religious purposes without the prior approval of the Collector of the District. The petitioner has applied to the District Collector for approval in compliance with the above mentioned rule. Therefore, the petitioner's application is liable to be considered and disposed of on merits by applying the relevant rules in such regard.

¶19

6.Accordingly, without going into the merits of the matter, the first respondent herein is directed to consider the petitioner's application dated 18.12.2017 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner and any other persons who may be affected by the outcome thereof. Such reasoned order shall be issued within a period of three months from the date of receipt of a copy of this order.

¶20

https://hcservices.ecourts.gov.in/hcservices/

¶21

2/3

¶22

W.P(MD).No.15935 of 2021

¶23

7.W.P.(MD).No.15935 of 2021 is disposed of on these terms without any order as to costs.

¶24

Sd/-

¶25

Assistant Registrar (CS III)

¶26

// True Copy //

¶27

/ /2021 Sub Assistant Registrar(CS)

¶28

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

¶29

¶30

¶31

+1 CC to M/s.D.ANBARASU, Advocate ( SR-28417[F] dated 07/09/2021 ) +1 CC to M/s.GP ( SR-28511[F] dated 08/09/2021 )

¶32

W.P(MD).No.15935 of 2021 07.09.2021

¶33

https://hcservices.ecourts.gov.in/hcservices/

¶34

3/3

Deva Sukin D.S v. The District Collector

Case brief

What is this about?

What did the court decide?

Deva Sukin D.S v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karuppan.C Vs Ponmalar

Sankar.S Vs the Commissioner

Govindaraju M Vs the Commissioner

Anabazhagan K Vs the Revenue Divisional Officer

Chellaiya M Vs the District Revenue Officer

Krishnan v Vs the Revenue Divisional Officer