A.Franklin v. The District Collector

2024:MHC:5632

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.4001 of 2021 A.Franklin .. Petitioner vs 1.The District Collector, Coimbatore District, State Bank Road, Gopalapuram, Coimbatore - 641 018.

2.The Thasildar, Annur Taluk, Coimbatore - 6410650.

3.The Inspector of Police, Sakar Samakulam, Kovilpalayam, Coimbatore - 641 107 4.R.Dineshkumar (R4 impleaded vide order dated 06.11.2023 in WMP no.16730/22 in WP 3496/21) .. Respondents 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 No.32, 3rd Street, Ramasamy Nagar, in S.No.442 at Maduraathipalayam, Agarakarsamakulam Village, Annur Taluk, Athipalayam Post, Coimbatore - 641 110.

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For Petitioner :

Ms.S.Swetha for Mr.M.Francis Xavier For Respondents :

Mr.Stalin Abhimanyu Additional Government Pleader for R1 to R3 Mr.E.Karthik Raja for R4

ORDER

Read this order in conjunction with and in continuation of order dated 03.01.2024 that reads thus:- "Mr.Stalin Abhimanyu, who appears for R1 and R2 refers to the enquiry caused in regard to the conduct of prayer by the petitioner at No.32, 3rd Street, Ramasamy Nagar, Athipalayam Post, Coimbatore - 641 110. The enquiry was in consequence of a complaint filed by R4 and others in the neighbourhood to the effect that the prayer was causing disturbance since loudspeakers were being used.

2. The petitioner is stated to have executed an undertaking to the effect that he would not continue with such practices.

3. Let a copy of the undertaking be produced as learned counsel for the petitioner has no instructions in the matter.

4. List on 04.01.2024 at the end of admission list."

2.

Learned Additional Government Pleader produces the original files containing the proceedings of the Revenue Divisional Officer dated 24.11.2023 recording the attendance of the petitioner, and his acquiescence to the fact that he has engaged in unlawful activities in his residence. He has also undertaken not to indulge in 2/4

such activities in future. A fine has also been imposed on the petitioner. Learned counsel for petitioner would accede to the aforesaid position.

3. Recording the above, this writ petition is dismissed. No costs. Connected miscellaneous petition is closed. 04.01.2024 Index:Yes/No ssm To 1.The District Collector, Coimbatore District, State Bank Road, Gopalapuram, Coimbatore - 641 018.

2.The Thasildar, Annur Taluk, Coimbatore - 6410650.

3.The Inspector of Police, Sakar Samakulam, Kovilpalayam, Coimbatore - 641 107 3/4

DR. ANITA SUMANTH,J.

ssm 04.01.2024 4/4