Madrasdated High Court · 2025

W.P. No. 13437 of 2025Survey Number 61, 62, 63, 64, 201 @ Ravaththa Nallur Kandigai Village, Uthiramerur Taluk, Kanchipuram District, thereby acting upon our representations 15.08.2024, 22.08.2024, 20.11.2024 and consequently enable status of an Independent Linguistic based Parish Church with dedicated parish priest chosen by respondents 32 to 36 as per canon law applicability and in line with the spirit of Articles 12, 13, 14, 15, 19, 21, 25, 26, 27, 28, 29, 30, 347, 350, 350A, 350B of Indian Constitution.For Petitioners:Mr.R.Francis Ambrose (P-in-P)For Respondents:Mr.S.Senthil Murugan, Spl.G.P. For R1 to R15, R16, R23 to R26 and R29Dr.C.E.Pratap, Govt.Advocate (Crl.Side) For R17 to R20 Mr.P.Murthi, Govt. AdvocateFor R21, R22, R27, R28 and R30ORDERThe Writ Petition is filed for directing the first respondent to form an Independent Redressal Committee consisting of the respondents 1 to 3, 5 to 9, 12 to 15, 17 to 18 to act as an official guarantor to ensure absolute protection of religious, linguistic, cultural, social, human rights of the co-petitioners and their fellow men-350 families of 'Telugu Speaking Linguistic Minorities, Catholic Christian faithful attached to 186 years enriched Amala Annai Aalayam, situated https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025in S.Nos.61, 62, 63, 64, 201 of Ravaththa Nallur Kandigai Village, Uthiramerur Taluk, Kanchipuram District 2. Heard the Party-in-Person.3.Upon hearing the party-in-person and perusing the affidavit filed in support of the writ petition, it can be seen that the grievance of the petitioners is that these linguistic minority persons have settled in the aforesaid village long since in Uthiramerur Taluk. However, the District diocese as well as the Archdiocese have since been not sensitive to their demands and have not redressed the repeated demands of opening the said Church by appointing Parish Priest to conduct the ceremonies at discharge and thereby ensuring that their basic right of worship and following the religious practices as guaranteed under the Constitution of India to the said people be ensured. It can also be seen that earlier when the petitioners made representation to the public authorities, ultimately an order was passed by the Sub Collector-cum-Sub Divisional Magistrate, Kancheepuram, on 28.02.2025. The operative portion of the order is https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025extracted hereunder for ready reference:-“Therefore, the petitioners may approach the Diocese of Chengulpet and the Archdiocese of madras-Mylapore to seek the specific relief they have requested concerning the conduct of regular religious services and the appointment of a priest at Amala Annai Alayam Church. It is within the scope of these ecclesiastical bodies to address and facilitate the necessary arrangements that align with canonical practices and the spiritual needs of the community. This directive is given in recognition of the limitations of administrative interventions in matters that are intrinsically linked to religious administration and the internal governance of religious institutions. The involvement of these religious authorities is crucial not only in addressing the immediate concerns raised but also in ensuring the long term spiritual and communal harmony of the congregants at Amala Annai Aalayam Church”.4. The party-in-person would submit that even after the direction of the Sub Collector, absolutely, no progress is made and the diocese of Chenglepet and the Archdiocese of Madras-Mylapore are not heeding any of the requests, that are made by the petitioners, nor the orders passed by the authorities. https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025Therefore, the party-in-person, who would ultimately submit that this Court should direct the said authorties, to open up the Church, appoint Parish Priest and ensure that the rights of worship and the other rights of these people, are taken care of. As per the Canon Law, even if 10% of the population in a particular locality are linguistic minorities, they are entitled to a special church and Inspite of such Rules being specifically followed by the diocese, in the instant case, in violation of Canon Law and the Rules, a separate Church is formed in a very distant place and the request of the 350 families are not looked into. 5. Thus, it can be seen that the grievance as made out by the party-in- person and the affidavit, that is filled in support of the writ petition in detail, is as against the diocese and the archdiocese. Those are the private entities. Even if they violate the Canon law or their own Rules, the petitioners have to enforce the same by filing appropriate civil suit and this Court under Article 226 of the Constitution of India cannot issue a writ to the said private entities. The party-in-person submits that the fundamental rights are granted under the Constitution https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025of India. The said rights can be enforced under Article 226 of the Constitution of India, if it is interfered by the State or any of its authorities. If the diocese in violation of the principles enshrined in the Canon law or their own Rules does not open and operate a particular Church, it is for the petitioners to claim right as against the said diocese and the said grievances can be ventilated only in civil proceedings and not by way of writ petition under Article 226 of the Constitution of India. As a matter of fact, the party-in-person would also bring to the notice of this Court that on the earlier occasion a civil suit was filed in O.S.No.101 of 2011 on the file of the District Munsif-cum-Judicial Magistrate, Utheramerur. 6. A perusal of the same, it can be seen that an order of permanent injunction as against the defendants therein has been granted in favour of the plaintiff. It can also be seen that yet another suit in O.S.No.98 of 2008 was also filed and a decree dated 27.12.2011 was also passed. It can be seen that the said decree was also for the permanent injunction against the defendants therein. https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 20257. In view thereof, it is the case of the petitioners that the action which is complained against the said private entities, falls within the subject matter of the said decrees and the said decrees can be executed. If the petitioners claim the other rights as against the diocese itself or as against the archdiocese, an appropriate suit with proper relief can also be filed as against the said organizations in the manner known to law and keeping the said liberty open to the petitioners in the manner known to law, I am of the view that this Writ Petition cannot be entertained, as the relief prayed for is essentially directed against the private individuals and the authorities cannot interfere in the matter except in law and order situations. The writ petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 15-04-2025Index:NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Noari https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025To1.The Chief Secretary,Government of TamilnaduSecretariat, St. George Fort, Chennai 600 009.2.The Additional Chief Secretary,Government of TamilnaduHome Affairs, Secretariat,St. George Fort, Chennai 600 009.3.The Principal Secretary,Government of TamilnaduBC, MBC and Minorities Welfare, Secretariat, St. George Fort, Chennai 600 0094.The Principal Secretary,Government of Tamilnadu, Adhi Dravidar and Tribal Welfare, Secretariat, St. George Fort,Chennai 600 0095.The Principal Secreatry,Government of TamilnaduRevenue and Disaster Management,Secretariat, St.George Fort,Chennai 600 0096.The Principal Secretary,Government of TamilnaduRural Development and Panchayat Raj Secretariat, St. George Fort,Chennai 600 009 https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 20257.The Principal Secretary,Government of TamilnaduHousing and Urban Development,Secretariat,St.George Fort, Chennai 600 0098.The Principal Secretary,Government of TamilnaduLaw and Justice, Secretariat, St. George Fort, Chennai 600 0099.The Principal Secretary,Government of TamilnaduCommercial Tax and Registration Secretariat, St. George Fort,Chennai 600 00910. The Principal Secretary ,The Government of TamilnaduPublic Department Secretariat, St. George Fort, Chennai 600 00911.The Principal Secretary,Government of TamilnaduPersonnel and Administrative Reforms Secretariat, St.George Fort,Chennai 600 00912.The Chairman/Secretary,State Human Rights CommissionGreenways Road Raja Annamalaipuram, Chennai 600 028.13.The Chairman,State Minorities Commission https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025Ist Floor, Khalas Mahal, Heritgage Building, Chepauk, Chennai 600 005.14.The Commissioner/Director, State Minorities CommissionIst Floor, Khalas Mahal, Heritgage Building Chepauk, Chennai 600 005.15.The Inspector General of RegistrationOffice of the Registration Department 100 Mulliammal Nagar, Raja Annamalaipuram, Chennai 600 02816.The Director -District Town an Country Planning2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai - 600 10717.The Director General of PoliceNo.1, Dr. Radharkishnan Salai, Mylapore, Chennai 600 00418.The A.D.G.P. -Law and OrderNo.1, Dr. Radharkishnan Salai, Mylapore, Chennai 600 00419.The D.I.G. of PoliceKanchipuram Range, Gem Nagar Kanchipuram 631 50220.The Superintendent of PoliceDistrict Collectorate Premises Kanchipuram District 631 50121.The District CollectorOffice of the District Collectorate https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025Kanchipuram District 631 50122.The District Revenue OfficerOffice of the District Collectorate Kanchipuram District 631 50123.The District Adhi Dravidar and Tribal Welfare OfficerOffice of the District Collectorate Kanchipuram District 631 50124.The District BC, MBC and Minorities Welfare OfficerOffice of the District Collectorate Kanchipuram District 631 50125.The Project Director -D.R.D.ADistrict Collectorate Premises Kanchipuram District 631 50126.The Assistant Director -PanchayatsDistrict Collectorate Premises Kanchipuram District 631 50127.The Revenue Division Officer -KanchipuramDistrict Collectorate Premises, Kanchipuram 631 501.28.The ThasildharUthiramerur Taluk Kanchipuram District 603 406.29.The Assistant Director / Deputy Director (I/c) https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025No.33, Kotrampalaym Road, Thayyar Kulam, Kanchipuram District 631 50130.The Block Development OfficerUthiramerur Taluk,Kanchipuram District 603 40231.The President - Ravaththa Nallur Kandigai villageUthiramerur Taluk,Kanchipuram District 603 40232.The President / Vice President / Secretary, Tamilnadu Latin Catholic Bishops Council45, Santhome High Road,Chennai 600 004.33. Justice Peace and Development Commission, Tamilnadu Latin Catholic Bishops Council45, Santhome High Road, Chennai 600 00434.Archdiocese of Madras Mylapore - Spiritual BodyRepresented by its Archbishop / Archdiocesan Curia and College of Clusters Archbishop's House ,41, San Thome High Road, Chennai - 600 004.35.Archdiocese of Madras Mylapore Society - Registration Number 4 /1921 Representedby its President / Secretary / Governing CommitteeArchbishop's House, 41, San Thome High Road, Chennai - 600 00436.Diocese Of Chengulpet - Spiritual Body Represented by its Bishop / https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025Diocesan Curia and College of Clusters Bishop House, Thimmavaram, Kanchipuram Salai, Chengalpattu -603001.37.Diocese of Chengulpet Society -Registration Number -146/2002Represented by President / Secretary / Governing Committee Bishop House,Timmavaram Kanchipuram Salai, Chengulpet 603 001.38.The Administrator - Multipurpose Community HallSurvey No. 171, 172, 173, 177B Vayaloor Koottu Road, Ravaththa Nallur Kandigai Uthiramerur Taluk, Kanchipuram 603 40339.The Correspondent - St. Josephs High SchoolSurevey No. 61/1, 62/1, 63/2, 201, Ravaththa Nallur Kandigai, Uthiramerur Taluk, Kanchipuram 603 40340.Rosarian Congregation - CRRepresented by Rev. Prior General Carmelaram Railway Station road, Chikkabellandur, Bengaluru, Karnataka 56003541.Rosarian Congregation CRRepresented by Rev. Sr. Provincial Carmelaram Railway Station road, Chikkabellandur, Bengaluru, Karnataka 56003542.The Rosarian Congregation CR https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025Rosarian Sisters Convent @ Surevey No. 61/1, 62/1, 63/2, 201, Ravaththa Nallur Kandigai Uthiramerur Taluk, Kanchipuram district -603 403.43.The Rosarian Congregation - CRSurvey No. 135, 138, 139, 10, 146, 141, 144(Patta No. 2), 137, 142, (Patta No. 3) 138m 143m 144 (Patta No.4), Karanai, Uthiramerur Kanchipuram 603 40344.N.A.Selvaraj, S/0. Aruldas4/44, Ravaththa Nallur Kandigai Colony, Vayaloor Kootu Road, Ravaththa Nallur Kandigai village, Uthiramerur Taluk, Kanchipuram 603 403.45.C. Yesudoss, S/0. ChinnappanA.T. Palayam, Ravaththa Nallur Kandigai Colony, Vayaloor Kootu Road, Ravaththa Nallur Kandigai village, Uthiramerur Taluk, Kanchipuram 603 403.46.A. Uthirianathan, S/0.Antonysamy4/36, Ravaththa Nallur Kandigai Colony, Vayaloor Kootu Road, Ravaththa Nallur Kandigai village, Uthiramerur Taluk, Kanchipuram 603 40347.The Special Government Pleader, High Court, Madras. 48.The Government Advocate(Crl.Side), High Court, Madras. https://www.mhc.tn.gov.in/judis W.P. No. 13437 of 2025D.BHARATHA CHAKRAVARTHY J.ariW.P.No.13437 of 2025 and W.M.P.Nos.15069, 15073, 15075, 15078 of 202515-04-2025