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REV.APLW(MD) No. 50 of 2021 __________ Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-08-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL REV.APLW(MD) No. 50 of 2021 and W.M.P.(MD)Nos.10562 and 10563 of 2021 Kumar Nesan ..Petitioner(s) Vs
1. The District Collector, Kanyakumari District At Nagercoil. 2. The Assistant Director, Town and Country Planning, Collectorate Campus, Nagercoil, Kanyakumari District. 3. The Executive Officer, Karungal Town Panchayat, Kanyakumari District. 4. The Superintendent of Police Kanyakumari District. 5. The Junior Engineer, TANGEDCO, Karungal, Kanyakumari District. 6. R.Thurairaj ..Respondent(s) PRAYER: Review Application is filed under Article 226 of the Constitution of India to review the order passed in W.P.(MD)No.6764 of 2019 dated https://www.mhc.tn.gov.in/judis
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16.06.2021. For Applicant : No Appearance For R1 and R2 : For R4 : For R3 and R5 : Mr.K.K.Udhayakumar Government Advocate (Crl.side) Mr.I.Murugesan Counsel for State (Crl.side) No Appearance ORDER (Order of the Court was made by C.V.Karthikeyan J.) There is no representation on behalf of the Review Applicant. Even on an earlier occasion on 24.07.2026, there was no representation for the Review Applicant. 2.The Review Application has been filed by the 6th respondent in W.P. (MD)No.6764 of 2019, which was disposed of by order, dated 16.06.2021. The said Writ Petition has been filed in the nature of a Mandamus seeking a direction to remove the construction put up by the Review Applicant in S.No.591-16, Midalam Village, Vadalikoodal Vilai, Mela Sundavilai, Karungal Post, Kanyakumari District. In the order in the Writ Petition, it had been observed that the Review Applicant had put up a prayer house under Christian Congregation of Pentecost in the said land without obtaining any permission either to construct the building or to convert the same into a place of worship as required under the provisions of the Tamil Nadu District Municipal https://www.mhc.tn.gov.in/judis
REV.APLW(MD) No. 50 of 2021 __________ Page3 of 5 Municipalities Buildings Rules, 1972 or under the Tamil Nadu District Municipalities Act, 1990. 3.A direction was given that no other members except the Review Applicant and his family members could conduct prayer. This direction was pursuant to an undertaking given by the Review Applicant himself. Questioning that particular direction given, the Review Application has been filed.
4.Since the order had been passed on the undertaking given by the review applicant, it may not be proper on our part to re-examine or re-visit the order passed. The nature of the direction indicate that only an appeal could be filed. 5.It is also informed by the learned Government Advocate that on 14.07.2026 in W.P(MD)No.26925 of 2019, wherein, the Review Applicant was the 9th respondent and which Writ Petition had been filed seeking the same relief, as a Writ Petition for which the review application is now filed, he had again given a similar undertaking that he would not use the building as a place of worship by the general public but would restrict only for his family members. https://www.mhc.tn.gov.in/judis
REV.APLW(MD) No. 50 of 2021 __________ Page4 of 5 6.In view of the above, the Review Application stands dismissed. No costs. Consequently, connected miscellaneous petitions stand closed. (C.V.K.,J.) (R.S.V.,J.) 14-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To 1.The District Collector, Kanyakumari District At Nagercoil. 2.The Assistant Director, Town and Country Planning, Collectorate Campus, Nagercoil, Kanyakumari District. 3. The Executive Officer, Karungal Town Panchayat, Kanyakumari District. 4. The Superintendent of Police Kanyakumari District. 5.The Junior Engineer, TANGEDCO, Karungal, Kanyakumari District. https://www.mhc.tn.gov.in/judis
REV.APLW(MD) No. 50 of 2021 __________ Page5 of 5 C.V.KARTHIKEYAN, J. AND R.SAKTHIVEL, J. cmr REV.APLW(MD) No. 50 of 2021 14-08-2026 https://www.mhc.tn.gov.in/judis