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Madras High CourtWP/18711/2025disposed of

Prakash Ramachandran v. The District Collector

2025-07-16Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH Prakash Ramachandran S/o V.S.Ramachandran ..

Petitioner v.

1. The District Collector Office of the District Collectorate GST Road Chengalpattu 603 001

2. The Inspector of Police Law and Order T-13, Chitlapakkam Police Station Chennai 600 064

3. The Commissioner Tambaram Corporation 28, Muthurengam Street Tambaram West, Chennai 600 045

4. Global Organisation for Divinity (GOD) Having Head Office at:

4/11, Nethaji Nagar Main Road Nethaji Nagar, Jafferkhanpet Chennai 600 083

Presently functioning also at:

No.29, Krishnamachari Street Radha Nagar, Chrompet Chennai 600 044

5. T.S.Subramanian ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to forthwith take appropriate action against the 4th respondent by considering the petitioner's representations dated 03.06.2024, 03.07.2024, 22.08.2024, 02.09.2024, 24.09.2024, 14.11.2024 and 19.02.2025. For Petitioner ::

Mr.S.Shivram For Respondents ::

Mr.P.Ganesan Additional Government Pleader for R1 Mr.R.Venkatesh Perumal Government Advocate (Crl.Side) for R2 Dr.T.Seenivasan Special Government Pleader for R3 Ms.Saughanthika A.S, Harshini for Mr.K.Gowtham Kumar for R4 & R5

ORDER

This writ petition has been filed for issuance of a mandamus directing the respondents 1 to 3 to take action against the private respondents based

on the representation made by the petitioner, wherein the petitioner is complaining that the private respondents are having a prayer hall and causing nuisance to the neighbours, without getting prior permission from the District Collector.

2. The fifth respondent has filed a detailed counter affidavit running to 35 paragraphs. The fifth respondent has taken a stand that the religious rights are safeguarded under Articles 25 and 26 of the Constitution of India and that uttering the name of God will provide peace of mind and will help people stay calm and free them from all trouble and sorrows that might afflict them.

3. Heard the learned counsels appearing for the parties.

4. The fifth respondent has flatly given his opinion about the Nama Sankeerthanam that is done in the subject premises. What sounds to the fifth respondent as divine, is causing nuisance to the petitioner. It is further stated by the fifth respondent that he has the consent of all the other

neighbours to conduct the Nama Sankeerthanam.

5. In the considered view of this Court, whenever a residential premises is attempted to be converted as a prayer hall, it requires the permission of the District Collector. This position of law has been reiterated in various orders passed by this Court.

6. The learned counsel appearing on behalf of the private respondents submitted that they have already submitted an application before the District Collector seeking for permission and the same is pending.

7. It is quite evident from the above submission that till date, no permission has been given by the District Collector. Therefore, till such a permission is obtained, the fifth respondent cannot convert the residential premises into a prayer hall. If at all any prayers are conducted, the same should confine inside the house without causing nuisance to anyone. That apart, by inviting huge crowds for prayer, the street cannot be clogged with vehicles, which once again causes nuisance to the road users and also the

neighbours. This shall be kept in mind by the fourth and fifth respondents.

8. The second respondent shall ensure that no nuisance is caused by the fourth and fifth respondents and they do not convert the residential premises into a prayer hall. Till the permission is given by the District Collector, the fourth and fifth respondents shall not use the residential premises as a prayer hall. This shall be ensured by the second respondent.

9. This writ petition is disposed of in the above terms. No costs. Index : yes/no 16.07.2025 ss To

1. The District Collector Office of the District Collectorate GST Road Chengalpattu 603 001

2. The Inspector of Police Law and Order T-13, Chitlapakkam Police Station Chennai 600 064

3. The Commissioner Tambaram Corporation 28, Muthurengam Street Tambaram West Chennai 600 045

N.ANAND VENKATESH,J.

ss 16.07.2025