Rev. C. Simon v. District Collector, Kanyakumari District, Nagercoil
2021-04-19
B.PUGALENDHI, K.KALYANASUNDARAM
body2021
DigiLaw.ai
JUDGMENT : B. PUGALENDHI, J (Prayer: Appeal filed under Clause 15 of the Letters Patent as against the order dated 04.02.2015 made in W.P.(MD)No.518 of 2013.) 1. This writ appeal is filed by the appellant, Rev.C.Simon, as against the order passed by this Court in W.P.(MD)No.518 of 2013, dated 04.02.2015. The said writ petition was filed by the appellant for a mandamus forbearing the respondents 1 to 3 from granting any permission to conduct poojas or festivals at Re.S.No.66/22 of Thiruvattar Village, as scheduled by the fourth respondent. 2. The fourth respondent, Selvaraj, has also filed a writ petition in W.P. (MD)No.20 of 2015 and the same was disposed of by this Court, on 08.01.2015, in the following terms: "i. There will be a direction to the first respondent to permit the petitioner to conduct the festival from 13.01.2015 to 15.01.2015 at Survey No.66/14, Attoor Village, Kalkulam Taluk; ii. The function should be conducted as per the invitation produced by them and on all three days the petitioner will be permitted to use loud speakers from 05.30 am to 10.00 am, 12.00 noon to 01.00 pm and from 04.30 pm to 09.00 pm. The number of speakers will be restricted to 3 with a specific condition that the loud speakers will not face the Church side. iii. The petitioner should not put up any permanent structure or temporary structure or do anything in Survey No.66/22 of Attoor Village. iv. There will not be any procession and the entire function will be conducted within Survey No.66/14. v. There will not be any derogatory speeches or slogans or words / songs that prove or hurt sentiments / feelings of other religious people in the function. vi. Pamphlats, bills, posters, banners, boards, wall writings etc., of any kind that are likely to provoke or hurt the sentiments of others should not be made in and around the area. vii. There will not be any disturbance to the Assembly of God Church and people or to the normal functioning of the church. viii. The sixth respondent or their community people will not conduct any function during these three days namely 13.01.2015 to 15.01.2015 except the regular prayers and service in the Church. ix. The petitioner and the sixth respondent will appoint necessary volunteers on both sides so that the function could be conducted smoothly with the cooperation of each other.
viii. The sixth respondent or their community people will not conduct any function during these three days namely 13.01.2015 to 15.01.2015 except the regular prayers and service in the Church. ix. The petitioner and the sixth respondent will appoint necessary volunteers on both sides so that the function could be conducted smoothly with the cooperation of each other. x. The sound of the speakers should be as per the rules and regulations of the Pollution Control Board, which should not exceed the decibel level and it will not in anyway disturb the Church activities. xi. The learned counsel appearing for both sides have agreed to appoint a mutually agreed Commissioner / Commissioners to be appointed as Advocate Commissioners who will supervise the function and will give suggestions to both sides for the smooth conduct of the function. xii. The remuneration of the Advocate Commissioners for three days is fixed at Rs.10,000/- each per day which will be borne by the petitioner and the sixth respondent viz., the petitioner will pay totally a sum of Rs.39,000/- and the sixth respondent will pay totally a sum of Rs.21,000/- which would be paid to both the Commissioners. xiii. Mr.Ananth C.Rajesh, learned counsel appearing for the petitioner and Mr.S.C.Herold Singh, learned counsel appearing for the sixth respondent have fairly submitted that they will be there on all the days to supervise and assist the function to be conducted smoothly. xiv. The first respondent will give necessary Police protection for the smooth conduct of the function. xv. The Revenue Divisional Officer / fourth respondent herein and the Deputy Superintendent of Police / third respondent herein shall visit the place of function daily at least once in all the three days. xvi. The petitioner or the sixth respondent shall not do anything which would create a law and order problem on account of usage of loud speaker or the conduct of the function." 3. Subsequently, by order dated 09.01.2015, in the said writ petition, the following clarifications were made by this Court: "i. As directed by this Court, the petitioner should not put up any temporary or permanent structure including pandhal in Survey No. 66/22 of Attoor Village. The petitioner also undertakes that they will not put up any construction, whatsoever.
Subsequently, by order dated 09.01.2015, in the said writ petition, the following clarifications were made by this Court: "i. As directed by this Court, the petitioner should not put up any temporary or permanent structure including pandhal in Survey No. 66/22 of Attoor Village. The petitioner also undertakes that they will not put up any construction, whatsoever. However, clarification is clearly made that the word "or do anything" was used only in the context of not putting up any permanent and temporary construction in the Survey number in question and would not mean that the petitioner should not to do anything. ii. Since the temple itself is situated in Survey No.66/22 of Attoor Village, the petitioner is permitted to perform the poojas without causing any hindrance or nuisance to the other parties. iii. In respect of the loud speakers, the conditions imposed vide its order 08.01.2015 made in W.P(MD)No.20 of 2015 shall hold good. In addition to that, the petitioner is directed to use the minimum decibel level, for which, the fifth respondent is directed to monitor the decibel level of the loud speakers so as to ensure that it does not give hindrance to the other parties in any form. iv. Since the learned counsel for the sixth respondent submits that temporary pandhal is put up by the petitioner, the Commissioners are directed to oversee and remove any offending erection, if any. v. Both the parties should ensure that the festival is celebrated in a smooth and peaceful manner, without giving room for any chaos." 4. It appears that the appellant herein has filed a contempt petition in Cont.P.(MD)No.178 of 2014, alleging violation of the order made in W.P. (MD)No.462 of 2014. This Court, by order dated 04.02.2015, has disposed of the writ petition in W.P.(MD)No.518 of 2013 along with the contempt petition in Cont.P.(MD)No.178 of 2014, by recording the subsequent development, as follows: "In view of the subsequent development taken place by the coordinated effort and the good senses prevailed between both the parties and since the period is already over, without expressing any merits on the issue, appreciating their cooperation for conducting the festival in a smooth manner, in the present year, the writ petition and the contempt petition are closed. However, this Court hopes that in the future years, they will conduct the festivals harmoniously. No costs. Consequently, connected miscellaneous petitions are closed." 5.
However, this Court hopes that in the future years, they will conduct the festivals harmoniously. No costs. Consequently, connected miscellaneous petitions are closed." 5. The appellant has filed the writ petition in W.P.(MD)No.518 of 2013 with regard to the conduct of festivals, in the year 2013 and by recording the position that the festivals have been conducted in a harmonious manner, the writ petition was closed. As against the same, the appellant preferred this writ appeal, which is pending before this Court for nearly six years. 6. When the matter is taken up for hearing today, the learned Counsel for the appellant submitted that pending appeal, the appellant died and he has filed an impleading petition to implead the present Pastor. 7. The learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that ever since, the orders passed by the Writ Court in W.P.(MD)No.20 of 2015, both the Church and Temple are conducting the festivals in a harmonious manner without any problem. 8. Recording the aforesaid submission made by the learned Special Government Pleader and taking note of the fact that the litigation itself is for the festival of the year 2013, which has been conducted harmoniously, this writ appeal stands closed. Since this Court is not passing any order on the merits of the matter, the impleading petition also stands closed. There shall be no order as to costs.