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The Church At Jehovah Shamma vs The Government Of Tamil Nadu

Madras High Court|06 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.] By consent, the writ petition is taken up for final disposal.
2. Heard Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the first respondent, Mr.V.C.Selvasekaran, learned counsel appearing for the second and third respondent and Mr.M.Ramamoorthy, learned counsel appearing for the fourth respondent.
3. The petitioner, challenging the impugned proceedings of the first respondent dated 22.02.2017, in and by which, the petitioner was granted liberty to approach the concerned authority to obtain approval for demolition as well as plan approval for the proposed construction before carrying out the construction and further it was found that the construction has been carried out without planning/authorised permission and citing the said reasons, the said authority has rejected the application of the petitioner herein.
4. The learned counsel appearing for the petitioner would submit that as on date the property in question is under lock and seal, and that the petitioner had also applied for planning permission in PPA/WDC/05/03419/2017 to the second respondent and it may be processed expeditiously, in accordance with law.
5. Mr.V.C.Selvasekaran, learned Standing Counsel appearing for the second and third respondent would submit that admittedly the religious structure put up by the petitioner is totally an unauthorised one and taking note of the same, the first respondent has rightly rejected the appeal and in the event of consideration of the above said application of the petitioner by the respondents 2 and 3, the fourth respondent would be put on notice and his views may be elicited.
6. This Court has considered the rival submissions and also perused the materials placed before it.
7. In the light of the above facts and circumstances, this Court directs the respondents 2 and 3 to consider the application vide PPA/WDC/05/03419/2017, submitted by the petitioner on merits and in accordance with law and before doing so, shall elicit the views of the District Collector, Chennai as well as the fourth respondent and shall pass appropriate orders in accordance with law, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the fourth respondent and till such time, the religious structure shall continues to be kept under lock and seal.
8. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
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Title

The Church At Jehovah Shamma vs The Government Of Tamil Nadu

Court

Madras High Court

JudgmentDate
06 November, 2017