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2025 DAILYLAW 208482 (MAD)

N.Vijayan v. The District Collector,

WP(MD)/33267/2025 · 2025-11-20

P T Asha

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.33267 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025 CORAM: THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.33267 of 2025 and W.M.P(MD)No.26249 of 2025 N.Vijayan ... Petitioner Vs. 1. The District Collector, Kanyakumari District, Nagercoil. 2. The Superintendent of Police, Kanyakumari District, Nagercoil. 3. The Executive Officer, Kulasekaram Town Panchayat, Kulasekaram and Post, Kanayakumari. 4. Saron Bethel Prayer House, Rep by its Secretary, Renjitham, D.No.18-69, Pampadikala Vilai, Near Government Primary School, Kulasekaram, Kulasekaram Post Kanyakumari District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33267 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 3 herein to take action against the 4th respondent for using his residential thatched house into prayer hall and to construct a new church in Res.No.192/3, Ponmani Village, Kalkulam Taluk, now Thiruvattar Taluk, Marthandam, Kanyakumari District based on petitioner representation dated 08.10.2025 For Petitioner : Mr.P.Sivachandran For R1 : Mr.D.Sasi Kumar Additional Government Pleader For R2 : Mr.S.Prakash Government Advocate (Crl.Side) For R3 : Mr.D.S.Nedunchezian Government Advocate ORDER The above writ petition has been filed for the following relief:- “Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent to allot one shop to the petitioner as per his resolution passed on 20.02.2025 vide Resolution No.295 and to return back petitioner's properties seized by the respondent by considering his representation dated 04.11.2025.” 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33267 of 2025 2. Mr.D.Sasikumar, learned Additional Government Pleader takes notice on behalf of the 1st respondent. Mr.S.Prakash, learned Government Advocate (Crl.Side) takes notice on behalf of the 2nd respondent and Mr.D.S.Nedunchezian, learned Government Advocate takes notice on behalf of the 3rd respondent. 3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. Since no adverse orders are to be passed against the 4th respondent, notice to the 4th respondent is dispense with. 4. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the 1st respondent had produced a copy of the communication dated 30.10.2025, wherein it has been stated as follows:- “fd;dpahFkup khtl;lk; Fynrfuk; ngU:uhl;rpf;Fl;gl;l ghk;ghofhytpis gFjpapy; bghd;kid gp fpuhkk; g[y vz;/192/3 - gug;g[ 5 brd;l; epyj;jpy; mike;Js;s fjt[ vz;/18-61 bfhz;l tPl;il ,oj;J g[jpjhf rhnuhd; bgj;njy; njt rig mikf;f 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33267 of 2025 bry;tp/bu";rpjk; j/bgjpU bghd;DKj;J. ghk;ghofhytpid. Fynrfuk; vd;gtu; ghu;it(1)d; go tiugl mDkjp ntz;o tiuglk; kw;Wk; Mtz';fis rku;g;gpj;Js;shu;/ mYtyf Mtz';fspd; go/fjt[ vz;/18-61 bfhz;l fl;olkhdJ FoapUg;g[ gad;ghl;il nru;e;jjhFk;/ mjd;go Fynrfuk; ngU:uhl;rp kd;w Tl;lj;jpy; bghUs; nru;f;fg;gl;L. tpz;zg;gj;jpid khtl;l Ml;rpau; mtu;fSf;F jilapd;ik rhd;W bgWtJ Fwpj;J mDg;g jPu;khdk; ghu;it (5)d; go epiwntw;wg;gl;Ls;sJ/ vdnt. jilapd;ik rhd;W bgWjYf;fhf md;dhuhy; bfhLf;fg;gl;l tiuglk; kw;Wk; Mtz';fs; aht[k; ,j;Jld; ,izj;J gzpe;J rku;g;gpf;fg;gLfpwJ/” 5. Therefore, the approval petition is now pending before the 1st respondent/District Collector. The petitioner is aggrieved by the fact that his request for allotment of a shop and return of property has not been considered. 6. In the light of the above, the 1st respondent/District Collector shall consider the request for approval along with the objections that are to be submitted by the petitioner. The petitioner is directed to submit his objections within a period of two (2) weeks from the date of receipt of a copy of this order. On such objections being made by the petitioner, the 1st respondent/District Collector shall consider the same and thereafter, pass 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33267 of 2025 final orders on merits and in accordance with law, within a period of four (4) weeks therefrom. 7. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To 1. The District Collector, Kanyakumari District, Nagercoil. 2. The Superintendent of Police, Kanyakumari District, Nagercoil. 3. The Executive Officer, Kulasekaram Town Panchayat, Kulasekaram and Post, Kanayakumari. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.33267 of 2025 P.T.ASHA, J. rgm W.P.(MD).No.33267 of 2025 and W.M.P(MD)No.26249 of 2025 20.11.2025 6/6 https://www.mhc.tn.gov.in/judis