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2026 Supreme(Online)(Mad) 38827

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
E.Karunanidhi – Appellant
Versus
Director Directorate of Minorities Welfare – Respondent
Writ Petition



Advocates:
For the Petitioner(s): Mr.K.Sasindran
For Respondent:Mr.T.M.Rajangam Government Advocate

No permission for prayer meetings in residential building absent lease clause permitting such use.

Headnote:First Paragraph: Under Article 226 of the Constitution of India, the petitioner sought direction to consider representation for permission to conduct prayer meetings in a residential building leased from CSI Trust Association. The building was approved for residential use only, and the lease agreement dated 10.11.2025 lacked any clause permitting prayer meetings. The court found no merits as the premises were strictly residential and lease limited to 11 months. Second Paragraph: Issue framed as whether permission could be granted for religious activities in residential property without supporting lease clause. Ratio decidendi: Court observed that lease agreements must explicitly permit intended use deviating from approved purpose; absent such clause, religious gatherings in residential buildings impermissible. Third Paragraph: Writ petition stands disposed of.

Table of Content
1. petitioner's lease of residential building for prayer meetings pending permission. (Para 2 , 3 , 4)
2. no lease clause permits prayer meetings in residential premises. (Para 6)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This petition has been filed for a direction, directing the Respondents to consider petitioners representation dated 17.02.2026 and grant permission to conduct prayer meetings in the building comprised in R.S. No.65/3 situated t Plot No.11 and 30, Sri Balaji Nagar, Thandalam, Krishnapuram Revenue Village, Katpadi Taluk, Vellore District.

3. It is the case of the petitioner that the petitioner that he has completed a certificate course in Catechist Training in the year 2012 and is engaged in religious teaching and spiritual guidance to the members of the Christian faith. While so, the CSI Trust Association is owning a building in the subject plots for the purpose of accommodating temporary residence to the church staffs, hence, the petitioner and the owner of the building signed out a lease deed vide lease agreement dated 10.11.2025 for 11 months. Thus, the petitioner for the purpose of conducting small prayer gathering during weekend sought permission from the Panchayat vide representation dated 17.02.2026 which is pending without consideration till date. Hence, this writ petition.

4. The learned Government Advocate submitted that the petitioner is in occupation of residential house after entering agreement with the Church of South Indian Trust Association vide lease agreement dated 10.11.2025, however, the trust deed does not provide a clause for conducting prayer meeting.

5. Heard both sides and perused the materials placed on record.

6. Admittedly, the facts of the present case are not in dispute. The subject building has been constructed after obtaining approval for residential purposes. The petitioner is now in the occupation of the subject building on the strength of the lease agreement dated 10.11.2025 executed between the petitioner and the Church of South Indian Trust Association. On careful perusal of the lease agreements, this Court find that there is no clause letting the petitioner to conduct prayer meetings in the building constructed for residential purposes, whereas, the petitioner is now seeking to conduct prayer meetings in the residential premises being leased to him and further, it is also to be noted that the said lease agreement is also only for a period of 11 months. In such view of the matter, this Court does not find any merits in this petition and the prayer of the petitioner cannot be acceded to.

7. Accordingly, this writ petition stands disposed of. No costs.

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