S.SELVIN Vs. THE STATE REPRESENTED BY REVENUE DIVISIONAL OFFICER, NAGERCOIL CUM SUB COLLECTOR (I/C), PADMANABAPURAM,KANYAKUMARI DISTRICT.

JUDGEMENT

(1.) The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Order in Na.Ka.No.A2/4177/2016 dated 16.12.2016 on the file of the Respondent No.1 and quash the same as illegal and consequently directing the Respondent No.1 to permit the petitioner to conduct Christmas Festival in the Evangelical Church of India, Panikulam Church, Kanyakumari District from 24.12.2016 to 01.01.2017 within a time frame.

(2.) The learned counsel appearing for the petitioner would contend that though the petitioner has sought for permission from the first respondent through the prayer in the writ petition for permitting them to conduct Christmas function from 24.12.2016 to 01.01.2017, i.e. for a week's time, the minimum relief now they confine themselves with the prayer in this writ petition is that if the petitioner and other religious people (Christians) in the village numbering about 50 are permitted to have the Christmas function on the night of 24.12.2016 from 6.00 p.m. and the day hours upto 10.00 a.m on 25.12.2016, they would be satisfied and in this regard, the learned counsel for the petitioner would submit that whatever condition be imposed by this Court, the petitioner and others would scrupulously follow the same.

(3.) Per contra, the learned Additional Government Pleader appearing for the official respondents would contend that the premises in which the proposed festival is going to be conducted by the petitioner and others is neither a church nor a public building. Originally it is permitted to be constructed as a dwelling house and the owner of the building has also constructed it as dwelling house and of late it was converted either as Church or worshiping place, where prayer meetings were conducted without any permission from the Revenue Authorities. The learned Additional Government Pleader would also contend that the owner of the building had given an undertaking before the President of the concerned Village Panchayat that the said building would be used by the owner of the building only as a dwelling house and it will not be utilised for any other purpose. Though such an undertaking was given, now the very same building is being utilised by the petitioner as well as others as one of the religious worshiping building or a Church, wherein periodical meetings or prayers are being conducting where the pastors would come and preach their religious activities and because of that the people who belonging to other religions residing in the locality would be offended. Therefore, there may be law and order problem and only in this regard the Peace Committee Meeting was conducted by the first respondent on 16.12.2016. In the said meeting representatives of both the Christian as well as Hindu Religious people residing in the locality participated. After hearing both sides, the first respondent by recording the said minutes issued a proceedings dated 16.12.2016, wherein the first respondent has observed that religious prayers or meetings had been conducted in the premises without approval and since there is likelihood of law and order problem those who want to conduct religious prayer or meeting can approach the District Collector and get proper permission from him and they can act accordingly and as against the said advisory the petitioner has come out with the present writ petition with the aforesaid prayer.