ORDER :

The issue involved in the present Writ Petition pertains to the right claimed by the writ petitioner to conduct prayer meetings in the subject premises, which is asserted by the petitioner to be a right which is inherent to Christianity and consequently a right guaranteed under the Constitution for practicing his religion.

2. The case of the petitioner is that he and his family members are devout and pious Christians, who fervently practice their religious faith as per the scriptures. It is further stated by the petitioner that conducting prayer meetings in the premises belonging to the petitioner in communion with other fellowmen is an integral part of Christianity.

3. The grievance of the petitioner is that persons with communal feelings have given a false complaint against the petitioner to prevent the petitioner from conducting the prayer meetings. According to the petitioner, the respondents are acting upon those frivolous complaints and interfering with the petitioner’s right to practice his religion. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Heard Ms.J.Maria Roseline, learned counsel appearing for the petitioner and Mr.Sricharan Rangarajan, learned Additional Advocate General assisted by Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondents.

5. The nature of the dispute that is involved in the present case and the clarification sought for by this Court from the first respondent is clearly captured in the order passed by this Court on 24.2.2021, and for proper understanding, the order is extracted hereunder:

“The case of the petitioner is that he, along with his family members is residing at Door.No.5/104, Andoor, Aruvikarai Village, Vendalikode Post, Kalkulam Taluk. The petitioner and his family members are devout and pious Christians, who have been practising their religious faith as per their religious scriptures with commitment and adherence. As a part of their religious activity, the petitioner and his family members used to conduct prayers at their house every Sunday and on certain other important occasions. The petitioner in communion with his fellowmen in his house has been conducting prayer meetings among themselves, without causing any disturbance or nuisance to the neighbours.

2. According to the petitioner, his activities have been extremely peaceful and there has been no disturbance at all to any of the persons in the neighbourhood. The prayer meetings would always take place within the petitioner’s closed premises of his house and the prayer and the related activities have been integral to the Christian activities, in terms of its doctrines and practises.

3.The grievance of the petitioner in this case is that lately, vested interests have started giving false complaint against the activities of the petitioner with a view to hinder the legitimate religious activities, which activities are well within the Constitutional scheme and recognized as a part of the fundamental rights as enshrined in the Constitution. Some of the fringe elements have been inimical to the religious activities of the petitioner and his fellowmen, have maliciously started making false allegations against the activities and as a consequence, the petitioner has been facing interference from the respondents against the activities, which have all along been confined within the petitioner’s residence. According to the petitioner, he has been facing constant threat from the respondent officials that not to carry on his activities, off late. In the said circumstances, the petitioner is before this Court seeking a direction to restrain the respondents from interfering with the religious activities of the petitioner, as right to worship any faith is a fundamental right of the citizens of this country.

4. Notice was ordered in the writ petition and on behalf of the 3rd respondent, a counter affidavit has been filed.

5. In the counter affidavit, it is stated that the house,