IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

W.P.(Crl.)No.1503 of 2025

and W.P.M.P.(Crl)Nos.732 & 733 of 2025

V.Jacob ... Petitioner

Vs.

1. The District Collector, Tiruppur District, Tiruppur.

2. The Superintendent of of Police,

Tiruppur District,

Tiruppur.

3. The Revenue Divisional Officer,

Dharapuram, Tiruppur District.

4. The Tahsildar,

Dharapuram Taluk, Tiruppur District.

5. The Inspector of Police,

Dharapuram Police Station,

Tiruppur District. ... Respondents

PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus or direction in the nature of writ, to call for the records of the entire proceedings in the impugned order passed by the 2^nd respondent dated 28.06.2022 in C.No.:G1/E.2651704/293/22 quash the same and direct the respondents not to interfere with the peaceful conducting of prayer in the

house of the petitioner, along with his family members and relatives, situated in Plot No.149-A of Arasu Paniyalar Nagar, Kuppuchipalayam, Nanjiyampalayam Post, Dharapuram, Tiruppur District.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The Writ Petition (Criminal) has been filed seeking to quash the impugned order passed by the 2^nd respondent dated 28.06.2022 in C.No.:G1/E.2651704/293/22 and to direct the respondents not to interfere with the peaceful conduct of prayer in the house of the petitioner, along with his family members and relatives, situated in Plot No.149-A of Arasu Paniyalar Nagar, Kuppuchipalayam, Nanjiyampalayam Post, Dharapuram, Tiruppur District.

2. Mr.S.Santhosh, learned Government Advocate (Criminal Side), takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ Petition (Criminal)

is taken up for final disposal at the admission stage itself.

3. The submissions made by the learned counsel appearing for the petitioner are as follows:-

3.1. The petitioner, who belongs to the Christianity, has been conducting prayers for the past 12 years in his residence situated at Plot No.149-A, Arasu Paniyalar Nagar, Kuppuchipalayam, Nanjiyampalayam Post, Dharapuram, Tiruppur District, every Sunday between 9.30 a.m. and 01.00 p.m., along with his family members and relatives, in a peaceful manner.

3.2. While so, one Sivaraj and four others started objecting to the prayers conducted in the petitioner’s residence and gave a complaint to the fifth respondent. Based on the said complaint, the fifth respondent police orally directed the petitioner not to conduct prayers in his house. Consequently, the petitioner made a representation to respondents 2 and 3 requesting them to take appropriate action in this regard.

3.3. The petitioner had earlier filed a petition before this Court in W.P.No.10426 of 2022 seeking adequate police protection to conduct prayer on week off days in his residence. This Court, vide order dated 28.04.2022, directed the second respondent to consider the petitioner’s representation dated 08.12.2021 and pass orders. Thereafter, the petitioner has been conducting the prayer without causing any disturbance to general public.

3.4. However, the second respondent, by the impugned order dated 28.06.2022 in C.No.:G1/E.2651704/293/22, directed the petitioner to obtain prior approval /license/permission from the authorities concerned under prescribed rules for conducting prayer in his house.

3.5. Subsequently, in the petition filed by the objectors, who had objected to the prayers conducted in the petitioner’s residence, before this Court in Crl.O.P.No.8517 of 2022, the learned Additional Public Prosecutor, who appeared for the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Dharapuram, Tiruppur District, reported that there was no law and order problem existing near the petitioner’s house. However, based on the order passed by the second respondent in C.No.:G1/E.