The fundamental right to freely profess, practice, and propagate religion as guaranteed by the Constitution of India should be upheld, provided it does not cause hindrance to the general public or give rise to any law and order problem.

JUDGMENT :

J. NISHA BANU, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from interfering with the peaceful conducting of prayer in the house of the petitioner along with his family members and relatives, situated in Door No. 6/178 A, bearing R.S. No. 195/3A at Killiyur Village, Semmuthal Desam, Kudi Jenmam Killiyur Taluk, Kanyakumari District, on the basis of the representation given by the petitioner, dated 29.09.2020.

1. The prayer in this writ petition is to forbear the respondents from interfering with the peaceful conducting of prayer in the house of the petitioner along with his family members and relatives, situated in Door No. 6/178A, bearing R.S. No. 195/3A at Killiyur Village, Semmuthal Desam, Kudi Jenmam Killiyur Taluk, Kanyakumari District, on the basis of the representation given by the petitioner, dated 29.09.2020.

2. The case of the petitioner is that he is the owner of the residential property situated in the above said address by virtue of a registered sale deed dated 07.05.1997 vide document No. 782 and he had constructed house after obtaining necessary approval from the Panchayat. According to the petitioner, he is conducting prayer in the said house without causing any disturbance to the public for the past 2½ years. While so, due to enmity one of his relatives had given trouble in conducting the prayer in the house of the petitioner and therefore, the petitioner has given a representation dated 29.09.2020 to the respondents to conduct prayer in his house peacefully without any hindrance. Since there is no response on the said representation, the present writ petition.

3. The learned counsel for the petitioner would submit that the prayer is being conducted at the petitioner's residence and the same is being attended by the petitioner and his relatives and friends belonging to the same community. Further, these prayers are not going to cause any nuisance or hindrance to the others living in the locality and no loud speaker or sound system is being used for conducting the said prayers, whereas on the basis of unfounded complaints, the petitioner is prevented from conducting prayers.

4. The learned counsel for the petitioner would further submit that the Constitution of India guarantees fundamental rights and mandates that all persons are equally entitled to freedom of conscience and to exercise their right to freely profess practice and propagate religion and therefore, the petitioner and his brethren belonging to the Christian community are also having such fundamental right. In support of his contention, he would rely upon the order of this Court passed in W.P. (MD) No. 26891 of 2019, dated 18.12.2019.

5. The learned Government Advocate (Crl. Side) would submit that if prayers are conducted within the residence of the petitioner without causing disturbance to the general public and without using any speaker or sound system, the police will not have any objection in permitting such prayers. However, if the petitioner in the name of prayer, tries to spoil the peace and harmony in the place, then certainly the police will have to interfere to restore normalcy.

6. Heard Mr. A. Samidurai, learned counsel appearing for the petitioner and Mr. R. Srinivasan, learned Government Advocate (Criminal Side) appearing for the respondents and also perused the materials available on record.

7. In the decision relied on by the learned counsel for the petitioner in W.P. (MD) No. 26891 of 2019, dated 18.12.2019, this Court in similar circumstances has held as follows:

“8. The specific case of the petitioner is that the prayer is being conducted at his residence and the same is being attended by the petitioner and his relatives and friends belonging to the same community. Further case of the petitioner is that these prayers are not going to cause any nuisance or hindrance to the others living in the locality and no loud speaker or sound system i