1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.14750 of 2011 and M.P.(MD)No.1 of 2011 The Church of South India Trust Association, Thoothukudi-Nazareth Diocese, (Previously Tirunelveli Diocese), Represented by its Member of C.S.I.Church, Vijayaramalingam. ... Petitioner vs. 1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 2.The Sub-Inspector of Police, Surankudi Police Station, Vilathikulam Taluk, Thoothukudi District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to permit the petitioner to put up lights and musical addressing system on both sides on the 500 metres pathway including the 30 metres common pathway in S.No.328/14, Vembar Village, Vilathikulam Taluk, Thoothukudi District during Christmas season. For Petitioner : Mr.B.Prasanna Vinoth For Respondents: Mr.M.Alagathevan, Special Govt. Pleader O R D E R The petitioner has come up with the above writ petition seeking a Mandamus directing the second respondent to permit the petitioner to put up lights and music system on a pathway leading to the church. 2. Heard Mr.B.Prasanna Vinoth, learned Counsel or the petitioner. Mr.M.Alagathevan, learned Special Government Pleader took notice for the respondents yesterday and he got instructions. 3. It is true that there is a dispute with regard to a small stretch of land which is used as a common pathway. It is also true that an order under Section 133 of the Code of Criminal Procedure has been passed, after peace committee meetings. But the order passed by the Executive Magistrate-cum-Revenue Divisional Officer reads as follows: “ J]j;Jf;Fo khtl;lk; tpshj;jpFsk; tl;lk; Btk;ghh; fpuhkk; ej;jk; g[y vz;.328-14 (gug;g[ 206 rkP) g[yj;jpy; fpwp!;Jt Myaj;jpw;F bry;y gad;gLj;j Btz;LBk jtpu gpw jug;gpdUf;F nila {W Vw;gLj;Jk; tz;zk; kpd; fk;gA;fs; fl;Ljy;, o$pl;ly; Bghh;Lfs; itj;jy; Bghd;w bray;fis ve;j xU jug;gpdUk; bra;af;TlhJ. ne;j nlg;gpur;ridapy; nWjp Kot[ vLf;fgLk; tiu ne;j jil cj;jut[ mkypy; nUf;Fk;. ne;j jilia kPWgth;fs; kPJ Fw;wtpay; eilKiwr;rl;lk; gphpt[ 133-d; fPH; eltof;if Bkw;bfhs;syhk; https://hcservices.ecourts.gov.in/hcservices/ 2 vd fhty; Jiwf;Fk; bjhptpf;fg;gLfpwJ”. 4. But there can be no dispute about the fact that without using this passage, the Christians seeking to offer worship in the church, on the eve of Christmas and New Year, cannot reach the church. Therefore, permitting the church to put up lightings, or directing the Revenue Officials to enable the petitioner to have the lighting arrangements for celebrating Christmas for a period of about one week or so, would not in any manner affect the prohibitory orders in force. 5. In view of the above, this Writ Petition is disposed of directing the respondents to permit the petitioner to put up lighting arrangements in the common passage only for the period from 24.12.2011 to the midnight of 01.01.2012. Insofar as the music system is concerned, the respondents shall regulate, the decibel level up to which the music system can be permitted. The respondents shall ensure that there is no disturbance to the celebration of Christmas by the petitioner in a peaceful manner. No Costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( AE ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 2.The Sub-Inspector of Police, Surankudi Police Station, Vilathikulam Taluk, Thoothukudi District. 1CC TO MR. G.B. PRASANNA VINOTH, ADVOCATE, SR: 45441: DM::2011:DECEMBER:22:: W.P.(MD)No.14750 of 2011 22.12.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/