1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9864 of 2011 and M.P(MD)No.1 of 2011 The Parish Committee, St. Mary's Malankara Catholic Church Rep. by its President Rev. Father Baby John, Thachoorkonam, Arumanai Post, Kanyakumari District. .. Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District. 4.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District. 5.The Inspector of Police, Arumanai Police Station, Kanyakumari District 6.Selvaraj .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents 1 to 5 from granting any permission to instal Vinayaka Statue and for any other function in relation thereof near the St. Mary's Malankara Catholic Church, Thachoorkonam, Arumanai by considering the petitioner's representation dated 23.08.2011. For Petitioner : Rev.Father Baby John(Party-in-person) For Respondents : Mr.M.Govindan 1 to 5 Special Govt. Pleader For Respondent 6 : Dispensed with https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This Writ Petition has been filed for a Mandamus to forbear the respondents 1 to 5 from granting any permission to instal Vinayaka Statue and for any other function in relation thereof near the St. Mary's Malankara Catholic Church, Thachoorkonam, Arumanai by considering the petitioner's representation, dated 23.08.2011. 2. Heard Rev. Father.Baby John, the petitioner who appeared in person and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents 1 to 5. 3.In view of the order that is to be passed, notice is dispensed with for R-6. 4. By consent, the Writ Petition itself is taken up for final hearing. 5. The petitioner has a grievance that in the Hindu Festival on the occasion of Vinayagar Chathurthi, idol of Lord Vinayagar sought to be installed in front of the petitioner Church which may cause hindrance to the petitioner and also to their celebrations which is scheduled to be conducted during the said period. In this regard, the petitioner has given a detailed representation on 23.08.2011 to the respondents 1 and 4. 6. Considering the nature of grievance, without going into the merits of the petitioner's claim, the first respondent-District Collector and the second respondent-Superintendent of Police are directed to consider the representation of the petitioner, dated 23.08.2011 on its own merits and in accordance with law. The sixth respondent or any other person responsible may be noticed so as to avoid the allegations of violation of principles of natural justice. The authorities are directed to consider the representation of the petitioner forthwith. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. 7. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. https://hcservices.ecourts.gov.in/hcservices/ 3 3.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District. 4.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District. 5.The Inspector of Police, Arumanai Police Station, Kanyakumari District +2cc to Mr.S.C.Herald Singh, Advocate, Sr.No.29626, 29621 pm ssk/30.08.2011 /8c -3p/- W.P.(MD)No.9864 of 2011 30.08.2011 https://hcservices.ecourts.gov.in/hcservices/