Amala .P v. The District Superintendent Of Police

W.P (MD).No.8630 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.8630 of 2022 P.Amala ... Petitioner Vs.

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

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

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 2nd Respondent to consider the petitioner's representation, dated 12.04.2022 for not to disturb the petitioner house prayer activities situated at Door No.5/117F, Pulluvilai, Kallukutty, Nattalam Post, Kanyakumari District.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to directing the 2nd Respondent to consider the petitioner's representation, dated 12.04.2022 for not to disturb the petitioner house prayer activities situated at Door No.5/117F, Pulluvilai, Kallukutty, Nattalam Post, Kanyakumari District.

2. The case of the petitioner is that the petitioner and her family members along with her relatives and friends form a small group of people gathering in her prayer house every sunday and they jointly worship the god of lord Jesus not giving any trouble or disturbance to any others. She has been conducting the prayer activities in her prayer house about the freedom of religion given by the article 25 of our Constitution of India guaranteed as the right of worship to every citizen of India. However, some unknown person of her locality want to creating religious problems in her locality and they are instigating the second respondent against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.8630 of 2022 petitioner for disturbing her regular house prayer activities. Hence, the petitioner has given a representation, dated 12.04.2022.

3. The learned Additional Public Prosecutor 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) btr To

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

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

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-22724[F] dated 29/04/2022 ) W.P (MD).No.8630 of 2022 28.04.2022 SJ(CO) GC(25.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2