Advocates:
['M/S P SUBRAMANIAN', 'Mr M Jothi Kumar', 'Agp', '', 'COUNTER AFFIDAVIT FILED']

W.P.No.1614 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI

W.P.No.1614 of 2018

and

W.M.P.No.2027 of 2018

T.Ravikumar

... Petitioner

Versus

1.The District Collector,

Coimbatore District,

Coimbatore – 641 018.

2.The Revenue Divisional Officer,

Coimbatore North,

Coimbatore.

3.The Thasildar,

Coimbatore North,

Coimbatore.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus forbearing the respondents from

interfering with the petitioners right to conduct of religious prayer meeting at

Door No.40/1, Sakthi Nagar, Chinnavadampatti Village in S.No.21, Ward

No. 27, Coimbatore North, Coimbatore.

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W.P.No.1614 of 2018

For Petitioner

: Mr.P.Subramanian

For Respondents

: Mr.P.Sathish

Additional Government Pleader

in both writ petitions

O R D E R

This Writ Petition has been filed for the issuance of a writ of

mandamus forbearing the respondents from interfering with the petitioners

right to conduct of religious prayer meeting at Door No.40/1, Sakthi Nagar,

Chinnavadampatti Village in S.No.21, Ward No. 27, Coimbatore North,

Coimbatore.

2. The case of the petitioner is that he had purchased 3250 sq.ft. of

land in S.No.21, Ward No.27, Coimbatore North, registered in

Gandhipuram Sub-registration office, Coimbatore on 10.10.2005 as Doc.

No.6442/2005 and he had built a building and residing there along with his

family members. It is stated that the petitioner is a full time Pastor engaged

in preaching Gospel and praying for the sick and is conducting prayers in

his premises. It is further stated that the petitioner constructed R.C.C.

Roofing residence in the aforesaid property and is conducting regular prayer

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W.P.No.1614 of 2018

meetings on Saturdays, Sundays and on all holy days of the year. It is stated

that the third respondent herein came to the petitioner's house alleging that

the prayer meetings are conducted in the premises by the petitioner without

getting prior permission from the District Administration. The grievance of

the petitioner is that he does not require any permission from any

administration for conducting prayers in his premises. Hence, he prays to

forbear the respondents from interfering with the petitioner's right to conduct

religious prayer meeting in premises.

3. The learned counsel for the petitioner submitted that the petitioner

is entitled to conduct prayer meetings in his dwelling house and no

Government Authority can interfere with the petitioner's personal liberty. He

further submitted that the issue arising in this writ petition has already been

settled by the Madurai Bench of this Court by its order dated 14.08.2012 in

W.P. (MD) No.10782 of 2006 wherein this Court has made it clear that no

prior permission is required from any authority for assembling and

conducting prayer in a dwelling house. He submitted that it is always open

to the concerned authority to take necessary action if noise pollution is

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W.P.No.1614 of 2018

caused due to conducting prayers in the premises.

4. The learned Additional Government Pleader appearing for the

respondents submitted that the petitioner should obtain necessary building

permission for running prayer hall as referred in Rule 6(4) of Tamil Nadu

District Muncipalities Building Rules, 1972. He further submitted that

without getting any proper permission / approval of the building from the

local authorities for constructing a prayer hall and running the same is

violation of rules. Hence, the petitioner may be directed to obtain necessary

building approval from the local authorities for running a prayer hall.

5. Taking into consideration the facts and circumstances of the case,

this Court