JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to maintain land in S.No.83, Pennalur Village, Sriperumbudur Taluk, Kancheepuram District as Mayanam.)

The writ petition is filed to direct the respondents 1 to 3 to maintain land in S.No.83, Pennalur Village, Sriperumbudur Taluk, Kancheepuram District as Mayanam.

2. The petitioner states that he is the resident of Pennalur Village along with his family for several years. In the said Village, S.No.83 belongs to the Government and it is used as Burial Ground for Hindu Religious People. It was classified as “Mayanam” in Village Registers and part of the land in the said Survey number, a balwadi and water tank are constructed. The petitioner states that the said land is being used as Burial ground. The 4th respondent during the year 2004 made an attempt to build a Church in the said Survey Number by encroaching the Pathway leading to the Burial ground. The villagers obstructed the said attempt and submitted representation to the respondents 1 to 3, an enquiry was conducted and report was submitted that Survey No.83 is a Government Poromboke and it is classified as Hindu Burial Ground and therefore, the 4th respondent cannot construct Church. The third respondent directed the fourth respondent to stop construction work till March 2013 and the fourth respondent did not go ahead with the construction activities. While so, all of a sudden during March 2013, the 4th respondent once again attempted to put up construction of the Church and commenced the Foundation work. Immediately, the petitioner gave a representation to the first respondent and based on the representation, inspection was conducted by the respondents on 11.03.2013. The fourth respondent was instructed to stop all construction activities. However, he carried on the construction activities during night hours. The petitioner states that the respondents 1 to 3 had not effectively prevented the illegal construction put up by the fourth respondent and thereby failed in their public duty to maintain peace in that locality. The fourth respondent squatting the land used as pathway for Burial ground, in spite of the fact that the land was classified as Government Poromboke. The Government authorities / respondents 1 to 3 had not effectively prevented such illegal encroachments, despite the fact that the petitioner made a complaint during the relevant point of time.

3. The learned counsel for the 4th respondent made a submission that the Church is functioning for the past 8 years and a small building has been constructed. There is no objection from the village people of that locality and therefore, the 4th respondent may be permitted to continue Church activities.

4. The learned counsel for the petitioner seriously objected the said contention by stating that any religious activity in an illegal manner in the locality will affect the peaceful atmosphere in that locality. The petitioner along with other villagers raised an objection for construction of Church in the Government Poromboke land by way of encroachment by the 4th respondent. In spite of the complaint, no action was taken though inspections were conducted. Thus, the public authorities miserably failed in their duties from preventing such illegal activities of encroachment of public land and construction of Church building in the Government land.

5. The learned counsel for the petitioner reiterated that under the provisions of the Village Panchayat Act and the relevant Building Rules, the 4th respondent has to get necessary building plan approval and permission to run religious activities. Such permissions must be obtained from the District Collector. This apart, the 4th respondent is an Encroacher of Government land and therefore, no building approval can be granted in respect of such encroachments. Thus, the petitioner is constrained to move the present writ petition to maintai