Madras High Court
Pastor A.Kovilpitchai Mani vs The District Collector on 2 September, 2015
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P(MD)No.15609 of 2015
and
M.P.(MD).No.1 of 2015
PASTOR A.KOVILPITCHAI MANI
S/O.ALAGAR,
TRUSTEE THE INDIAN GYPSY WORKS FELLOWSHIP TRUST
CHINNAMOOPANPATTI
VADAMALAIKURICHI POST,
VIRUDHUNAGAR DISTRICT. ...Petitioner
Vs
1 THE DISTRICT COLLECTOR
DINDIGUL DISTRICT, DINDIGUL.
2 THE PRESIDENT
NILAKOTTAI PANCHAYAT, DINDIGUL DISTRICT.
3 THE TASHILDAR
NILAKOTTAI TALUK, DINDIGUL.
4 THE INSPECTOR OF POLICE
NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT. ...Respondents
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 consider the application given by the petitioner dated
21.07.2015 for granting plan approval and building permission for the church
building constructed by the petitioner in S.No.468/6 measuring an extent of
832 square feet at 9th ward N.Pudupatti Nilakottai Taluk, Dindigul
District by regularizing the said construction and consequently direct the
first respondent to give permission to renovate the said building.
!For Petitioner :Mr.K.Samidurai
For Respondents :Mr.S.Kumar
Additional Government Pleader for RR-1,3 & 4
Mr.G.Muthukannan
Government Advocate for R-2
:ORDER
The writ petition has been filed for issuance of writ of mandamus directing the first respondent to consider the application given by the petitioner dated 21.07.2015 for granting plan approval and building permission for the church building constructed by the petitioner in S.No.468/6 measuring an extent of 832 square feet at 9th ward N.Pudupatti Nilakottai Taluk, Dindigul District by regularizing the said construction and consequently direct the first respondent to give permission to renovate the said building.
2. The case of the petitioner is that he is running a trust in the name of "The Indian Gypsy Works Fellowship Trust" in 9th Ward, N.Pudupatti Nilakottai Taluk, Dindigul District. The above said trust was registered in the year 1989 vide deed No.1219/1368. The main object of the said trust is to create an endowment for the establishment and maintenance of Educational Institutions, Old age Home, Orphanage Home, Hospitals and social organizations for improving the socio-economic conditions of poor people and other charitable purposes. In the year 2012, he had started the construction of a Prayer House to an extent of 832 sq.feet in the above said property. The petitioner has been using the Prayer House for the past 25 years, by way of paying property tax to the Panchayat. He is also having electricity connection to the said Prayer House. While the situation stood thus, the fourth respondent Police had called the petitioner for enquiry, on the basis of the complaints given by the nearby villagers by saying that the said Prayer House was constructed without getting prior permission from the concerned authorities. The fourth respondent Police had got an undertaking from the petitioner stating that he should not conduct any prayer meeting in the above said Prayer House. Since the said building was constructed in the year 1989, now, it is in dilapidated condition. Hence, the petitioner had decided to renovate and reconstruct it. Hence, he had applied for building permission and approval for the said building to the 2nd respondent along with permission to renovate the same. But the Executive Officer had returned his application. Thereafter, the petitioner sent a representation to the first respondent on 21.07.2015 seeking plan approval and building permission for the said building constructed by him in Sy.No.468/6 measuring an extent of 832 sq.ft. Since it is already in existence, he submitted the said application to regularize the unauthorised construction of Prayer House. But so far, no action has been taken by the first respondent on the petitioner's application. Hence, he has come forward with the present writ petition.
3. Heard the submissions made on either side and carefully perused the materials available on record.
4. Considering the submissions made on either side, without going into the merits of the claim of the petitioner, this Court directs the first respondent to consider the petitioner's application and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
To 1 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.
2 THE PRESIDENT NILAKOTTAI PANCHAYAT, DINDIGUL DISTRICT.
3 THE TASHILDAR NILAKOTTAI TALUK, DINDIGUL.
4 THE INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT..