WP CRL.(MD)/827/2026 of M.Viagula Ravi Vs The District Collector on 24 September 2026

ORDER

The relief sought for in this writ petition is to direct the first respondent to ensure that the respondents 4 and 5 take necessary actions and forthwith to collect the membership (Parish) tax from the petitioners of St.Michael Athithuthar Church, Mela Asaripallam and to ensure prevention of the unlawful social boycott and excommunication of the petitioners.

2. The short facts which are necessary to dispose of the writ petition are that the petitioners are residents of Mela Asaripallam, Kanyakumari District. They are long-standing parishioners of St. Michael Athithuthar Church, Mela Asaripallam. There are some issues in the said Church. Taking advantage of the same, the respondents 4 and 5 are excommunicating the petitioners by imposing a social boycott. Therefore, this writ petition has been filed.

3. The learned counsel for the fourth respondent submitted that the alleged facts stated in the affidavit filed in support of the petition are false, and that there is no excommunication. Though there is a festival starts on 25.09.2026 and ending on 04.10.2026, if the petitioners are ready to pay the tax for the Church festival, they may do so, and there is no issue preventing them from participating in the festival. There is no excommunication or social boycott as alleged by the petitioners. There is a civil suit with regard to the administration of the Trust, and a final decision is to be taken with regard to the administration, election of the Trust, removal of the Trust, etc. Therefore, the petition is devoid of merit and is liable to be dismissed.

4. The learned counsel for the private respondents 5 to 7 submitted that the petitioners are residents of the same village, and that there is no issue with regard to the collection of tax or participation in the Church festival, which would be commenced on 25.09.2026 and will end on 04.10.2026. There are some issues between the petitioners and the present management of the Trust, and in this regard, a civil suit is pending before the trial Court.

Therefore, this petition alleging social boycott is unnecessary and is devoid of merit.

5. As far as respondents 1 to 3 are concerned, they submitted that the petitioners have come up with this petition, which has been pending for some time, and in view of the submission of the private respondents that there is no social boycott and no ban on participation in the Church festival, the Court may take an appropriate view and pass suitable orders.

6. The learned counsel for the petitioners as well as the learned counsel for the private respondents argued substantially with regard to the administration of the Trust, the case pending before the Civil Court, and the alleged mismanagement of the property, church property, jewels, cash, etc. However, there is no such case before this Court, and there are no pleadings to that effect on the side of the private respondents.

7. As per the submission of the learned counsel for the private respondents 4 to 7, there is no social boycott of the petitioners, and the Church festival is going to commence tomorrow (i.e., 25.09.2026). If the petitioners are ready, they may pay the tax at the office situated in the Church, and can participate in the Church festival. There is no bar as far as the prayer of the petitioners is concerned. Since there is no objection from the private respondents or the Government side, this Court may pass suitable orders.

8. This Court is of the view that under the apprehension of action from the respondents, this writ petition has been filed. Accordingly, this writ petition is disposed of with the observation that the petitioners may participate in the Church festival commencing tomorrow (i.e., 25.09.2026) till 04.10.2026, and may pay the tax as collected by the organisers of the festival and proceed further. Consequently, the connected Miscellaneous Petition is closed. 24.09.2026 LS To

1. The District Collector Kanyakumari District.

2. The superintendent of Police Kanyakumari District.

3. The Inspector of Police Asaripallam Police Station Kanyakumari District.

4. The Bishop of Kottar Bishops House (Diocese of Kottar) P.B.No.17, Mela Asaripallam Asaripallam Road Nagercoil- 629 001. Kanyakumari District Tamil Nadu, India.

5. St.Sudharsan Pastor/Father of ST.Michaels Church Mela Asaripallam Asaripallam Post Kanyakumari District - 629201.

6. M/s.St.Michaels Church Mela Asaripallam Rep.by its President Mela Asaripallam Asaripallam Post Kanyakumari District - 629201.

7. M/s.St.Michaels Church Mela Asaripallam Rep. by its Secretary Mela Asaripallam Asaripallam Post Kanyakumari District – 629201.

8. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Note: Issue order copy on 25.09.2026

DR. P. MURUGAN, J. LS

W.P.Crl. (MD) No. 827 of 2026 24.09.2026