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2026 Supreme(Online)(Mad) 33706

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
T.Babu – Appellant
Versus
The District Collector / Monitoring Committee, Kanyakumari District – Respondent


Advocates:
For Petitioner: Mr.D.Saravanan
For Respondents:Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 & R3, Mr.K.Gnanasekarn, Govt. Advocate(Crl. Side) for R2 & R4, Mr.T.S.Mohammed Mohideen for R5

Table of Content
1. dispute over illegal religious construction between neighbors (Para 2 , 3)
2. building for religious use needs prior collector approval (Para 5)

Heard both sides.

2.The contest is between the writ petitioner who is a practicing roman catholic and the fifth respondent who is a practicing protestant Christian. Both are residents of in Methukummal Village, Killiyoor Taluk, Kanyakumari District. The petitioner alleges that the fifth respondent is putting up a religious building illegally.

3.The fifth respondent has filed a counter affidavit. He states that he has put up the construction only after getting approval from the local body. According to him, the first floor is used for residential purpose whereas the ground floor is used as a prayer house. According to him, the ground floor is not a church as such. As per Annexure – XVII of Tamil Nadu Combined Development and Building Rules 2019 , the competent authority shall not entertain any building application for construction of buildings in relation to any religious institution unless such application is accompanied with a No Objection Certificate obtained from the District Collector concerned. Earlier, the position wa

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