1. Two questions of law are raised in this revision petition by the counsel of the petitioner who is one of the members of the B Party in a proceeding under S.147 of the Code of Criminal Procedure. The first is

whether the dispute in question relating to a right to have separate services conducted in a church by the B Party comes within the purview of S.147 to call for action by the magistrate. The counsel argues that the alleged dispute likely to cause a breach of the peace in the present case does not relate to a right of user of any land or water, so that S.147 is inapplicable to the case. I do not think there is any force in this contention: and it has been uniformly held by almost all the High Courts in India that such a dispute relating to a right to perform service in a place of public worship like a church falls within S.147 of the Code of Criminal Procedure. I do not propose to discuss this question at any length, because the decision of this Court in Kunhammad Makkaru v. Abdul Rahiman (1961 KLT. 329) has considered the question in detail referring to the several decided cases; and I am in agreement with the view expressed by Govinda Menon J. in the said case.

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