IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
ST.JAMES SYRO MALABAR CHURCH – Appellant
Versus
The District Collector – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and WPMP Crl.No.72 of 2026 St.James Syro Malabar Church Diocese of Ramanathapuram, Represent by Mr.A.J.Antony Chinmayamin Nagar, (Kurinji Nagar), Veerakeralam Village, North Taluk, Coimbatore-641 041.
..Petitioner(s)
Vs
1.The District Collector, The Coimbatore Collectorate Office, State Bank Road, Coimbatore Central, Coimbatore-641 018.
2.The Commissioner of Police, Office of the Commissioner of Police, Huzur road, Uppilipalayam, Coimbatore-641 018. 3.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore-641 001.
..Respondent(s)
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue appropriate orders on the representations of the petitioner dated 20.01.2026 and 28.01.2026, on the file of the respondents 1 and 2 by taking action in accordance with law, restraining forthwith the illegal the interference of the anti-social elements into the lawful construction activities of the petitioner Church, in Survey No.261/1B, as per the Building License No.162/BL/2025/03/040/01382 dated 25.07.2025, ensuring the fundamental and constitutional right of the petitioner community to practice their faith as enshrined under Art.25(1) and 26(b) of the Constitution of India.
For Petitioner(s): Dr.Fr.A.Xavier Arulraj, Senior Counsel assisted by Ms.A.Arul Mary For Respondent(s): Mr.S.Santhosh, Govt. Advocate (Crl.Side) for R1 to R3 Mr.K.P.Pramodh Kumar for Intervenor
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider the representations of the petitioner dated 20.01.2026 and 28.01.2026, and to take action in accordance with law by forthwith restraining the illegal interference of the anti-social elements with the lawful construction activities of the petitioner Church, in Survey No.261/1B, pursuant to Building License No.162/BL/2025/03/040/01382 dated 25.07.2025 and thereby, ensuring the fundamental and constitutional rights of the petitioner’s community to practise their faith under Articles 25(1) and 26(b) of the Constitution of India.
2. The case of the prosecution is that the ‘Syro-Malabar Diocese of Ramanathapuram’ is a Catholic diocese, consisting exclusively of Catholics of Syro-Malabar rite and functioning as a network of churches and service institutions in Coimbatoe, Erode, Tiruppur and Karur Districts. The Bishop of the Diocese is the ex-officio President of the registered society. The Diocese purchased land measuring 30 cents in Survey No.261/1B in Veerakeralam Village, Perur Taluk, Coimbatore Corporation limits, under a registered sale deed, for construction of a church. The Diocese applied for planning permission vide Online Application No.SWP/BPA/473525/2025 dated 06.03.2024. Prior to that, a No Objection Certificate was obtained from the District Collector on 20.02.2024, after due verification and reports from the concerned authorities. Subsequently, concurrence was granted by the Directorate of Town and Country Planning and the Coimbatore Local Planning Authority by an order dated 30.05.2025. The Commissioner, Coimbatore City Municipal Corporation, granted building license vide Building license No.162/BL/2025/03/040/01382 dated 25.07.2025 in Planning Permission No.0179/2025/MH1/W. As per the said permission, construction of a church with a plinth area of 863.04 sq.m., including slit and first floor was approved. The foundation stone laying ceremony was scheduled on 18.01.2026 at about 8.30 a.m. and was to be presided over by the Bishop of the Diocese. During the prayer ceremony, a group of about 50 persons led by certain communal elements illegally interfered and disrupted the proceedings on frivolous and baseless grounds. The police, citing law and order issues, halted the construction activity. Consequently, the ceremony was postponed to 11.02.2026. The petitioner submitted representations on 20
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