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Madras High CourtWP(MD)/8710/2022disposed of

Kamalan.V v. The Superintendent Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.8710 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.8710 of 2022 V.Kamalan

...Petitioner

Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 11.04.2022 not to disturb the petitioner's house prayer activities along with his family members, relatives and friends conducting his house prayer activities in Door No.24/45-1, Thiruthuvapuram, Kurumathoor, Kuzhithurai Post - 629 163, Kaliakkavilai Village, Vilavancode Taluk, Kanyakumari District.

For Petitioner : Mr.M.Punitha Deva Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed to direct the second respondent to consider the petitioner's representation, dated 11.04.2022 not to disturb the petitioner's house prayer activities along with his family members, relatives and friends conducting his house prayer activities in Door No.24/45-1, Thiruthuvapuram, Kurumathoor, Kuzhithurai Post - 629 163, Kaliakkavilai Village, Vilavancode Taluk, Kanyakumari District.

2.The case of the petitioner is that the petitioner conducting house prayer in his family house of Door No.24/45-1, Thiruthuvapuram, Kurumathoor, Kuzhithurai Post - 629 163, Kaliakkavilai Village, Vilavancode Taluk, Kanyakumari District in every Sunday and particular days. For the past some months in that prayer house, the petitioner and his family members along with their https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.8710 of 2022 relatives and friends of a small group of people gathering in our prayer house every Sunday and they are jointly worshiping their God of Lord Jesus, giving any trouble or disturbance to any others. But the second respondent disturbing the petitioner for conducting his house prayer activities in that building and every Sunday, they try to stop our prayer activities. Hence, the petitioner has given a representation, dated 11.04.2022.

3. The learned Government Advocate (Crl.side) would submit that absolutely there is no interference by the second respondent and the petitioner is directed to conduct house prayer without causing any disturbance to the general public.

4. 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 respondent herein to take appropriate action in accordance with law against the petitioner.

5. With the above observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) Vsd To 1.The Superintendent of Police, Kanyakumari District,Nagercoil.

2.The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M. PUNITHA DEVA KUMAR, Advocate ( SR-22725[F] dated 29/04/2022 ) W.P (MD).No.8710 of 2022 29.04.2022 RD(24.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2