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2023 Supreme(Mad) 1587

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Daniel Dhanasekaran – Appellant
Versus
The District Collector, Vellore & Others – Respondents
WP No. 29998 of 2017 & WPMP No. 32522 of 2017
Decided On : 08-03-2023

Advocates appeared:
For the Petitioner:P. Subramanian, Advocate. For the Respondents:Abishek Murthy, Government Advocate.

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.

Headnote:

Religious Rights - Noise Pollution - Environment (Protection) Act, 1986, Section 15 - Article 25 of the Constitution of India - Rule 5 of Noise Pollution (Regulation and Control) Rules, 2000 - Rule 7 of Noise Pollution (Regulation and Control) Rules, 2000 - Rule 8 of Noise Pollution (Regulation and Control) Rules, 2000 - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - The judgment discusses the petitioner's right to conduct religious activities and meetings in his residence, the restrictions imposed by Article 25 of the Constitution of India, and the provisions of the Noise Pollution (Regulation and Control) Rules, 2000. The court emphasizes 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.

Fact of the Case:

The petitioner sought to conduct religious prayers and meetings in his residence, which was objected by the neighbors. The authorities initiated actions based on complaints, leading to the filing of the writ petition.

Finding of the Court:

The court dismissed the writ petition, emphasizing 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.

Issues: The issues revolved around the petitioner's right to conduct religious activities, the restrictions imposed by Article 25 of the Constitution of India, and the violations of Noise Pollution (Regulation and Control) Rules, 2000.

Ratio Decidendi: The court emphasized 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.

Final Decision: The writ petition was dismissed, and there was no order as to costs.

JUDGMENT

(Prayer:Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, forbearing the respondents from interfering with the petitioner''s right to conduct religious prayers meeting at Door No.1228/A, Ossalan Vattam, K.Bandarapalli Village, Near Arasanpalli, Tollgate Via, Patchur Post, Natrampalli Taluk, Vellore District-635 854.)

1. The writ on hand has been instituted to forbear the respondents from interfering with the petitioner''s right to conduct religious prayers meeting at Door No.1228/A, Ossalan Vattam, K.Bandarapalli Village, Near Arasanpalli, Tollgate Via. Patchur Post, Natrampalli Taluk, Vellore District-635 854.

2. The petitioner states that he is the owner of the property bearing Survey No.622B/1 and Re-Survey No.622/1 B3 situated at K.Bandarapalli Village comprising of 0.50 cents. The petitioner constructed a building and residing along with his wife and two children. The petitioner states that he is rendering religious, ministry and Gospel work propagating Christianity in his native village and surrounding community. He formed a Trust under the name and style of “My Saviour Gospel Prayer House Trust” under a Trust Deed dated 10.06.2014 registered as document No.25 of 2014 on the file of the Sub Registrar''s Office at Tirupattur, Vellore District.

3. Being the Founder Trustee/Managing Trustee along with three other Trustees, the Trust Board was constituted. The petitioner constituted the Trust with an object to serve the Indian Christians and to those who have faith in Jesus Christ. The object of the Trust reveals that the Trust was constituted for the purpose of promoting religious activities. The petitioner states that there are only seven Christian families in the locality and there are about 300 Hindu families in the village. The petitioner has been conducting prayer meeting in his house and the said prayer meetings in his house was objected by the neighbours and they have started creating troubles so as to disturb smooth conduct of religious activities and meetings in his house. Since there were frequent disturbances and troubles caused to the petitioner by the other villagers, he approached the Jurisdictional Police, who in turn failed to initiate appropriate action. Thus the petitioner is constrained to move the present writ petition.

4. The learned counsel for the petitioner contended that the petitioner is conducting meetings and prayers in his house and he is not causing any disturbance to the other residents of that village. Therefore, the Competent Authorities and the Police Authorities are unnecessarily interfering with the religious activities of the petitioner. Thus the petitioner is entitled for the relief as such sought for in the present writ petition.

5. The learned Government Advocate appearing on behalf of the respondents made a submission that the prayer meetings and other religious activities are to be conducted only after obtaining permission from the Competent Authorities in accordance with the Statute and the Rules. Such larger prayer meetings cannot be conducted in a residential house and in the event of any complaint by the neighbours, the Authorities are bound to initiate action in accordance with law. There were several complaints against the petitioner causing nuisance and troubles to the villagers and based on the complaints, actions were also initiated. Criminal cases are registered against the writ petitioner and such activities of the petitioner affected the peaceful living of the children and elderly persons residing in that locality.

6. The Status Report filed by the fifth respondent/Inspector of Police, Natrampalli Police Station, Tirupattur District states that the petitioner has constructed a residential house in a residential area and has illegally converted it into a ''Public Meeting Hall'' and ''Payer Hall'' without any prior intimation and permission from the concerned Authorities. The petitioner''s act has caused immense

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