JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent in respect of the impugned proceedings, dated 03.12.2014 and quash the same as arbitrary, unconstitutional, unjustifiable and illegal and direct the respondents 1 to 5 to give necessary protection to the petitioner to carry on the religious activities in the petitioner's place at the Pentecostal Mission (Church), Thoppampalayam Branch, Bhavani Sagar Road, Thoppampalayam 638 415, Erode District.)

1. The Minutes of the Meeting recorded by the third respondent-Tahsildar in proceedings dated 03.12.2014, is under challenge in the present writ petition.

2. Further direction is sought for in the writ petition is to direct the respondents 1 to 5 to give necessary protection to the petitioner to carry on the religious activities in the petitioner's place at the Pentecostal Mission (Church), Thoppampalayam Branch, Bhavani Sagar Road, Thoppampalayam 638 415, Erode District.

3. The petitioner states that one of the Branches of Pentecostal Mission (Church), having their Head Office at Roja Street, S.V.Nagar Post, Irumbuliyur, Chennai-600 063. The petitioner is in Gospel Service to the Christian Community without causing any nuisance and inconvenience to the public at large.

4. The petitioner is the registered Society under the Societies Registration Act vide Registration No.19/1963. The petitioner is one of the Branches of the said Pentecostal Mission (Church), carrying on their Gospel Service in the aforesaid Thoppampalayam Village for the past 23 years. Admittedly, the petitioner started the Church at Thoppampalayam Village in the year 1993. The petitioner purchased the land for the purpose of putting up a permanent structure in the site and an approval was obtained from the Authorities concerned.

5. The petitioner is enjoying the necessary basic amenities, including electricity connection, drinking water facility. The petitioner has decided to renovate and put up a new concrete structure with larger extent for the purpose of accommodating huge gathering for conducting prayers with all basic amenities. In this regard, the petitioner submitted a Building Plan Application for approval to the sixth respondent along with necessary papers in June 2014.

6. It is contended by the petitioner that the sixth respondent informed the petitioner to proceed with construction. However, there is no such order passed during the year 2014. The revised building approval has not been sanctioned and the said Building Plan Application was returned by the Authorities. However, the petitioner states that they have commenced the construction even before grant of Building Plan Approval based on the application of the year 2014.

7. It is further contended that the construction works are halfway through and during the first week of August 2014, few persons representing themselves to be the members of Hindu Munnani came to the petitioner's site and started preventing the members of petitioner's from proceeding with the construction. They have frequently prevented the petitioner's Church from conducting prayer in the petitioner's site. There was a law and order situation and peace meetings were conducted. A decision was taken in the meeting that the petitioner shall not make noise and further was advised to reduce the noise.

8. Construction of building is yet to be completed and it is contended that they have to get proper Building Plan Approval. People of the village shall not disturb the Church activities. Both the parties were advised not to create trouble affecting the public order. Under these circumstances, the petitioner is constrained to move the present writ petition questioning the Minutes recorded by the third respondent-Tahsildar in the presence of the Authorities, the village people as well as the Church people.

9. The first Peace Committee proceedings were accepted