Boopalan, v. The Superintedent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:25.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.13335 OF 2020 Boopalan ... Petitioner Vs.
1. The Superintendent of Police, Velur District.
2. The Tahsildar, K.V.Kuppam Taluk, Velur District.
3. The Inspector of Police, Latheri Police Station, K.V.Kuppam Taluk, Velur District.
... Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India, directing the Writ of Mandamus forbearing the respondents from interfering with the peaceful conducting of prayer in the house of the petitioner along with his family members and relatives bearing Door No.1/12-1A situated in Survey No.68/2CS in Kothamangalam Village, K.V.Kuppam, Katpadi Taluk, Velur District on the basis of the representation given by the petitioner dated 24.08.2020.
For Petitioner : Mr.K.Samidurai For Respondents : Mr.S.Karthikeyan, Additional Public Prosecutor
O R D E R
This petition has been filed to direct the Writ of Mandamus forbearing the respondents from interfering with the peaceful conducting of prayer in the house of the petitioner along with his family members and relatives bearing Door No.1/12-1A situated in Survey No.68/2CS in Kothamangalam Village, K.V.Kuppam, Katpadi Taluk, Velur District on the basis of the representation given by the petitioner dated 24.08.2020.
2.The learned counsel for the petitioner would submit that the petitioner is the owner of the house at Plot No.5 and 6 in Survey No.68/2CS in Kothamangalam Village, K.V.Kuppam, Katpadi Taluk, Velur District. He intended to conduct the peaceful prayer inside the house along with his relatives. When the petitioner approach the respondents for seeking permission to conduct prayer in his dwelling house, the third respondent insisted not to conduct any prayer inside the house without the permission from the Revenue Officials. He further submitted that the civil circumstances, this Court passed orders in several writ petitions that there is no need to get prior permission from any Authority for assembling and conducting any prayer in dwelling house. While being so the petitioner did not get any permission from the Revenue Authorities as insisted by the third respondent herein.
3.The learned Additional Public Prosecutor would submitted that so far no representation has been received from the petitioner and also no complaint from any neighbours in respect of the allegation that the petitioner intended to conduct any prayer in his house.
4.Heard Mr.K.Samidurai, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents.
5.This Court in the similar writ petitions allowed the petitions to conduct prayer in the house without causing any hindrance or disturbance to the general public. Considering the above nature of the prayer sought for in the said petition that there is no need to get any prior permission from any Authority for assembling and conducting prayer in the dwelling house of the petitioner. However, there is any nuisance being caused due to noise pollution or for any other bona fide reasons to the general public, it is always open to the respondents 1 to 3 herein to take appropriate action in accordance with law against the petitioner.
6.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rna
To
1. The Superintendent of Police, Velur District.
2. The Tahsildar, K.V.Kuppam Taluk, Velur District.
3. The Inspector of Police, Latheri Police Station, K.V.Kuppam Taluk, Velur District.
+1cc to Mr.K.Samidurai, Advocate, S.R.No.31726 W.P.No.13335 of 2020 AJS(CO) CS/02/11/2020