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Madras High CourtWP/389/2018disposed of

R.Samson, v. The District Collector

2021-09-24Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. Nos. 389 to 391 of 2018 and WMP Nos. 444, 445 & 446 of 2018 R. Samson .. Petitioner in W.P.389/2018 Rev.K.John Sekar .. Petitioner in W.P.390/2018 K.A. Arulappan .. Petitioner in W.P.391/2018

Versus

1.The District Collector, Coimbatore District, Coimbatore 641 018.

2. The Revenue Divisional Officer, Pollachi, Coimbatore 641 018.

3. The Thasildar, Pollachi, Coimbatore 641 402 ..Respondents in all Writ Petitions WP.No.389 of 2018:

Petition filed under Article 226 of the Constitution of India praying for issuing a Writ of Mandamus forbearing the respondents from interfering with the petitioner's' right to conduct religious prayer meeting at Door No.6/16, R.S. Puram Layout, Manal Medu, S.No.161/2A, Samathur 642 123, Pollachi Taluk, Coimbatore District. WP.No.390 of 2018:

Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents from interfering with the petitioner's' right to conduct religious prayer meeting at Door No.2/1061, Royal City, Rangasamuthuram, S.L.Patti (Post), in S.No.155/1, Patta No.440, Pollachi 642 006, Coimbatore District.

WP.No.391 of 2018:

Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents from interfering with the petitioner's' right to conduct religious prayer meeting at SF.142/1B, S.Ponapuram Road, Samathur Post in S.No.142/1, Pollachi Taluk, Coimbatore.

For Petitioners :

Mr. P. Subramanian in all the Writ Petitions For Respondents :

Mr. G. Krishnaraja Government Counsel in all the Writ Petitions COMMON ORDER The petitioners have come forward with these writ petitions for a Writ of Mandamus forbearing the respondents from interfering with the petitioners' right to conduct religious prayer meetings at their own premises.

2. The petitioners herein are full time Pastors engaged in preaching the Gospel and praying for the sick and it is stated that they have been conducting fasting prayers in their premises for the past several years. The petitioners, in order to accommodate more people for attending the prayer meetings on Sundays and other important occasions, constructed community hall and A.C roofing residences in their respective residences with the help of generous voluntary contribution of the members of Congregation. While so, the third respondent came to their residence and insisted them to obtain prior permission from the District Administration to conduct such prayer meetings, which according to the petitioners, is illegal and violation of principles of natural justice.

3.

The learned counsel for the petitioners submit that the third respondent, without any basis or any complaint from any one, had interfered with the religious prayer conducted by the petitioners and it infringes the fundamental rights guaranteed to the petitioners under Article 25 of The Constitution of India. It is also stated that there is no illegal activities being carried on by the petitioners warranting interference by the respondents.

4.

Heard the learned counsel for both sides and perused the materials available on record.

5.

There are no materials available in the typed set of papers enclosed to show that the respondents have caused any disturbance to the petitioners in conducting prayer meetings. Further there is no representation submitted by the petitioners before the authorities concerned seeking to desist from interfering with their religious activities. In such a view of the matter, this court is of the opinion that a blanket directions/mandamus cannot be issued. In the absence of any materials to show that the respondents interfered with the

religious activities of the petitioners, a Mandamus, as sought for, cannot be granted. At the same time, it is always open to the petitioners to approach the authorities for necessary relief, in case of any necessity.

6. The writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar msr/rsh To 1.The District Collector, Coimbatore District, Coimbatore 641 018.

2. The Revenue Divisional Officer, Pollachi, Coimbatore 641 018.

3. The Thasildar, Pollachi, Coimbatore 641 402 +1 CC to The Government Pleader sr 49759.

WP Nos. 389 to 391/2018 AD(CO) SP(18/10/2021)