PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of Certiorari, calling for the records relating to the proceedings of the impugned notice in Na.Ka.No.388/2016 dated 07.08.2017 on the file of the 1st respondent and quash the same and further directing the 1st respondent to consider the plans submitted by the petitioner for the construction of the open stage in S.No.484/8 in Pinamthode, Thirupparappu, Kanyakumari District without reference to the permission from 3rd respondent.
!For Petitioner : Mr.Maheswaran ^For R1 to R3 : Mr.M.Govindan Special Government Pleader in Cont.P.(MD) No.1248 of 2017 N.Mathavan Pillai ... Petitioner Vs.
Mrs.Rama Devi The Executive Officer, Thirupparappu Selection Grade Municipality, Thirupparappu, Kalkulam Taluk, Kanyakumari District. ...Contemnor PRAYER: Contempt Petition is filed under
Section 11 of the Contempt of Court Act, to punish the respondents for their contempt of Court on their non- obedience of the orders of this Court made in W.P.(MD) No.2576 of 2017 dated 28.02.2017.
For Petitioner : Mr.Ananth C.Rajesh For Contemnor : Mr.K.P.Krishnadass Government Advocate :COMMON ORDER [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] In W.P.(MD) No.15552 of 2017, the petitioner challenges the notice dated 07.08.2017 issued by the first respondent. Admittedly, the petitioner represents the religious body. They have to raise certain construction in S.No.484/8 measuring 47 cents in Konathuvilai near Pinamthode. The said place is used for conducting religious congregations. Since without prior approval, a stage was put up with RCC roof, the authorities intervened in the matter under Section 191 r/w Rule 6 of the District Municipality Act.
2.Without prior approval from the concerned authorities, there cannot be putting up any building for public worship or religious purpose. In this case, such an approval had admittedly not been obtained. At this stage, the learned counsel for the petitioner states that they may be given time to move the District Collector, Nagercoil, Kanyakumari District, for getting permission.
3.Accordingly, the petitioner in W.P.(MD) No.15552 of 2017 given time till 30th September 2017 to make an application to the District Collector, Kanyakumari, for permitting to put up a stage for religious purpose, as indicated in Section 191 r/w Rule 6 of the District Municipality Act. If an application is made, the same shall be considered by the District Collector, Kanyakumari, on merits and as per law, within a period of two months from the date of receipt of a copy of this order. The impugned order of this writ petition should be kept in abeyance, till a decision is taken by the District Collector, Kanyakumari.
4.In view of the order passed in W.P.(MD) No.15552 of 2017, the contempt petition is closed and the writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
5.However, we make it clear that the petitioner shall not use the stage for any religious purpose, after obtaining No Objection Certificate from the District Collector, Kanyakumari.
To
1.The Executive Officer, Thirupparappu Selection Grade Town Panchayat, Thirupparappu, Kanyakumari District.
2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.