P.Britto Vs The Under Secretary (Home)

first respondent from issuing any direction or order to his subordinates or officers under his control from giving any permission for conducting any type of function to other religious people in and around St.John De Britto Church, Thannuthu Village including nearby open well (Kenaru at Church) situated therein by considering the petitioner's representation dated 22.09.2014.

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For Petitioner : Mr.D.Selvanayagam, for Mr.I.Arockia Selvaraj.

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For Respondents : Mr.S.Shaji Bino, Special Government Pleader for R-1 & R-2.

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Mr.K.Gnanasekaran for R-3 & R-4.

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Mr.R.Mathavaselvam for Intervenors.

J U D G M E N T

Heard both sides.

The writ petitioner has filed this writ petition to espouse the

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cause of St.John De Britto Church, Thannuthu Village, Tenkasi District. The petitioner states that the authorities should not permit the other religionists to conduct any function in the vicinity. Such

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3 W.P.NO.26285 OF 2014

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prayer is attrotious. Admittedly, the other religionists are not making any claim over the church property. The petitioner cannot demand that the authorities should not permit celebration of the other religionists in a public place.

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The learned counsel for the petitioner states that the local church has come to an amicable understanding that the members of the locality have no objection for allowing Karthikai Deepam on a Deepa Thoon that is located in the vicinity. However, the only request made by him is that the well that is located in the vicinity should be allowed to be disilted by the church authorities. The learned counsel draws our attention to the correspondence in this regard entered into with the local body. The local body made it clear that the well belongs to the church.

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We do not want to go into the issue. From the photographs produced before us, we are able to notice that a street (tar road) runs between the church and the well. Whether the well beongs to the church or not, that cannot be gone into the writ proceedings. We grant liberty to the petitioner to establish their claims over the well 3/5

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4 W.P.NO.26285 OF 2014

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by filing an appropriate civil suit. With the aforesaid liberty to the

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writ petitioner, this writ petition stands disposed of. No costs.

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(G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 16^th December 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No

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PMU