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V. G. ARUN
RAVEENDRAN P. T. S/O THANKAPPAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
V.G. ARUN, J.
1. Petitioner is a resident of Ward No. 9 in Edathala Panchayat. He has filed the writ petition aggrieved by the inaction of the Panchayat, Police and Revenue authorities to stop the illegal slaughter of birds and animals in the guise of ritualistic sacrifice by the 8th respondent. The objectionable activities are carried out in a structure, resembling a temple, constructed by the 8th respondent on the second floor of his residential building. The reliefs sought in this writ petition are as follows:
(ii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 6th Respondent Panchayat to initiate steps to remove the illegal structure wherein the temple is situated in building No. 9/657/G of Edathala Grama Panchayat.
(iii) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 2nd and 3rd Respondents to initiate proceedings on Ext.P8 in accordance with the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony 2005 and to close down the illegal temple in building No.
Rule 7(8A) of the Rules, 2011, in case of construction of a new building or reconstruction for religious purposes or worship, prior approval or clearance or permission or concurrence, as the case may....
The right to practice religion is guaranteed under Article 25 of the Constitution of India, but it is subject to reasonable restrictions for public safety and to avoid potential religious clashes.
The duty of the authorities to protect the fundamental rights of citizens and the need for effective implementation of laws to prevent infringement of rights.
The District Monitoring Committee must provide reasoned decisions when granting permits for parading elephants, ensuring compliance with statutory provisions.
The right to religious freedom is subject to reasonable restrictions for maintaining public order, and state guidelines regulating places of worship have legal authority.
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