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.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus restraining the Respondents 1 to 6 from in any way granting permission to the Door No.10-13B, Mandaikadu Town Panchayat, comprised in R.S.No.301/22, Manavalakurichi Village, Kalkulam Taluk, Kanniyakumari District, in total contravention of Rule 4(3) of the Tamil Nadu Panchayat Building Rules, 1997, hereinafter referred to under the said Rules, in terms of the powers conferred under Section 242 (2) of the Tamil Nadu Panchayat Act No.21 of 1994, by allowing the above Writ Petition.

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 2nd Respondent police vide his proceedings Nil dated 08.08.2022 and quash the same as illegal and consequently, to direct the 1st Respondent to grant necessary permission for conducting the 30th yearly convention meeting scheduled to be held from 29.09.2022 to 02.10.2022 in the Petitioner Church by considering the petitioners representation, dated 02.08.2022.)

Common Order:

1. In view of the fact that the issues involved in both the Writ Petitions are interconnected, both the Writ Petitions are taken up together and disposed of by a common order.

2. The Writ Petition (MD) No.18124 of 2022 has been filed seeking issuance of a Writ of Mandamus restraining the Respondents 1 to 6 from in any way granting permission to the Door No.10-13B, Mandaikadu Town Panchayat, comprised in R.S.No.301/22, Manavalakurichi Village, Kalkulam Taluk, Kanniyakumari District, in total contravention of Rule 4(3) of the Tamil Nadu Panchayat Building Rules, 1997, hereinafter referred to under the said Rules, in terms of the powers conferred under Section 242 (2) of the Tamil Nadu Panchayat Act No.21 of 1994, by allowing the above Writ Petition.

3. The Writ Petition (MD) No.22455 of 2022 has been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the third Respondent Police vide his proceedings Nil dated 08.08.2022 and to quash the same as illegal and consequently, to direct the second Respondent to grant necessary permission for conducting the 30th yearly convention meeting scheduled to be held from 29.09.2022 to 02.10.2022 in the Petitioner Church by considering the Petitioner's representation, dated 02.08.2022.

4. Mr.Ajmal Khan, learned Senior Counsel appearing for the Petitioner in W.P.(MD)No.22455 of 2022 submitted that the Petitioner belongs to Full Gospel Pentecostal Church. The Petitioner is entitled to worship and the State cannot interfere with the believes and faith of the citizen in matters of religion, which is constitutionally guaranteed rights of the citizens of this country by the Constitution of India to practice any religion of their choice. Whereas, the Respondents herein had not granted permission to conduct convention of the Full Gospel Pentecostal Church, which is held once in a year. Except for the COVID-19 lock down period, it was held annually.

5. It is the contention of the learned Senior Counsel for the Petitioner that the Respondent Police misdirected themselves based on the dismissal of the Writ Petition in W.P.No.29074 of 2011 by the learned Single Judge of this Court that the Petitioner herein had not followed the provisions of Tamil Nadu Panchayats Act, 1994 or the District Municipalities Act, 1920, regarding conversion of a property that the Petitioner herein purchased as a dwelling house in the year 1990 and subsequently, converted it into a Church for which permission was not obtained from the Authorities as per Tamil Nadu Panchayats Act, 1994 or the District Municipalities Act, 1920. The Petitioner had approached the Revenue Officials for mutation of revenue records for the property that the Petitioner purchased. Mutation of revenue records was rejected on the ground tha