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.15597 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
VIRUDHUNAGR DISTRICT, VIRUDHUNAGAR.
2 THE PRESIDENT
SIVAGNANAPURAM PANCHAYAT,
VIRUDHUNAGAR PANCHAYAT UNION
VIRUDHUNAGAR DISTRICT.
3 THE TASHILDAR
VIRUDHUNAGAR,
VIRUDHUNAGAR DISTRICT.
4 THE INSPECTOR OF POLICE
WEST POLICE STATION,
VIRUDHUNAGAR, VIRUDHUNAGAR 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.122/10 F measuring an extent
of 106 square feet in Chinnamoopanpatti, Vadamalaikurichi Post, Virudhunagar
District by regularizing the said construction.
!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.122/10 F measuring an extent of 106 square feet in Chinnamoopanpatti, Vadamalaikurichi Post, Virudhunagar District by regularizing the said construction.
2. The case of the petitioner is that he purchased a property bearing survey No.122/10 F in Chinnamoopanpatti Village, Vadamalaikurichi Post, Virudhunagar District, through a registered sale deed dated 03.01.1991. In the above said property, he is running a trust in the name of "The Indian Gypsy Works Fellowship Trust". 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 106 sq.feet in the above said property. It is pertinent to note that initially, the Prayer House was in a thatched house and thereafter, now, it is constructed after getting permission from the second respondent. 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 construction work was going on, the third respondent herein/ Revenue Inspector and the Village Administrative Officer and some of the Hindu people came to the Church and restrained the construction work and orally informed not to construct the Prayer House without prior permission from the first respondent. Thereafter, the petitioner approached the first respondent on 07.07.2015 seeking permission to construct Prayer House with all required documents as per Rule 4(3) of the Tamil Nadu Panchayats Buildings Rules, 1997. When such is the case, on 19.07.2015, while conducting prayer meeting, the fourth respondent, Revenue Inspector and the Village Administrative Officer and their officials came to his Prayer House and informed him that he could not conduct any prayer in the above said Prayer House, since it was constructed without the permission of the first respondent. Thereafter, the petitioner sent an application to the first respondent herein on 21.07.2015 seeking plan approval and building permission for the said building constructed by him in Sy.No.122/10 F measuring an extent of 106 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 VIRUDHUNAGR DISTRICT, VIRUDHUNAGAR.
2 THE PRESIDENT SIVAGNANAPURAM PANCHAYAT, VIRUDHUNAGAR PANCHAYAT UNION VIRUDHUNAGAR DISTRICT.
3 THE TASHILDAR VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
4 THE INSPECTOR OF POLICE WEST POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
.