India Village Vision, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2015 Coram:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No. 3084 of 2015 and M.P.No.1 of 2015 India Village Vision, rep. By its Managing Trustee, S.Anandkumar 41, K.Salai Pudur, Madurai - 625 018 .. Petitioner Vs
1. The State of Tamilnadu rep. By The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009
2. The District Collector, Tirupur District, Tirupur
3. The Superintendent of Police, Tirupur District, Tirupur.
4. The Inspector of Police, Dhali Police Station, Udumalpet, Tirupur ..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 prayer meetings conducted by the petitioner in the house situated in 19/3B, Ravanapuram Village, Udumalpet, Tirupur District.
For Petitioner : Mr.C.Vigneswaran For Respondents: Mr.S.Gunasekaran Government Advocate
O R D E R
Heard Mr.C.Vigneswaran, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate for respondents. With the consent of either side, the Writ Petition itself is taken up for final disposal at the admission stage.
2.The petitioner is a trust registered under the provisions of the Indian Trust Act having registered office at No.41, K.Salai Pudur, Madurai. The grievance of the petitioner is that certain 3rd party are interfering in the activities of the Trust functioning at No.41, K.Salai Pudur, Madurai. Though the petitioner has named one Sivaraman, who said to have obstructed the petitioner's activities and also caused damage to the petitioner's property, the said Sivaraman is not impleaded as respondent in the writ petition.
3. The petitioner would state that they are not using premises as public prayer house but they are performing various philanthropic activities and incidentally they organise prayer among themselves. The petitioner would assert that no public are invited to such meetings and it is wholly within the trust and trust members. 4.Admittedly, the property in question is a residential property located in the residential area. Therefore, it is to be observed as to whether there is any nuisance caused by the petitioner and whether there are prayer meetings organised by the petitioner, in which the general public are also participating. Further, it is to be seen as to whether the petitioner is using loud speaker thereby causing noise pollution in that area.
Admittedly, the petitioner does not have licence from the local authority to conduct prayer meetings. 5.In such circumstances, the 3rd respondent shall enquire into the matter and consider the petitioner's representation dated 25.11.2014 and cause inspection and if necessary surprise inspection, take note of the view of the local people and pass orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.
6. With the above observation, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar
To
1. The State of Tamilnadu rep. By The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009
2. The District Collector, Tirupur District, Tirupur 641 604
3. The Superintendent of Police, Tirupur District, Tirupur.
4. The Inspector of Police, Dhali Police Station, Udumalpet, Tirupur + 1 cc to the Government Pleader Sr.6941 + 1 cc to M/s. C. Vigneswaran, Advocate Sr.6748 Writ Petition No. 3084 of 2015 and M.P.No.1 of 2015 MP(CO) Eu 21.02.15