M.Justindhas, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11469 of 2013 and M.P(MD)No.1 of 2013 M.Justindhas .. Petitioner Vs.

1. The State of Tamil Nadu rep. by the District Collector,

2. The Revenue Divisional Officer, Padmanabhapuram,

3. The Deputy Superintendent of Police,

4. The Sub Inspector of Police, Thuckalay Police Station, 5.Jeyaraj .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from preventing the petitioner from conducting prayer meetings in his house bearing Door No.2128A, Thiruvithancode Town Panchayat in R.Sy.No.350/12A, Thiruvithancode Village, Kalkulam Taluk, Kanyakumari District. For Petitioner : Mr.C.Godwin For Respondents 1 to 4 : Mr.J.Gunaseelan Muthaiah, Government Advocate.

For Respondent No.5 : No appearance

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondents not to prevent the petitioner from conducting prayer meetings in his house bearing Door No.21-28A, Thiruvithancode Town Panchayat in R.Sy.No.350/12A, Thiruvithancode Village, Kalkulam Taluk, Kanyakumari District. 2.Heard the learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents 1 to 4. Despite notice being served on the fifth respondent and his name is being printed in the cause list, there is no representation on behalf of the fifth respondent either in person or through Counsel.

3.According to the petitioner, since he is a Christian, he is conducting prayer meetings in his house once in a week and the respondents made hindrance to the same and on the complaint made by the fifth respondent, the fourth respondent also registered a case in Crime No.194 of 2013, under Section 107 Cr.P.C. Therefore, the petitioner is before this Court. 4.The petitioner seeks a direction forbearing the respondents from interfering with the prayer meetings conducted by him in his house. The petitioner is entitled to have the prayers in his residence, but he is not entitled to call third parties to assemble there and have the prayers, unless permitted. 5.With the above observation, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector,

2. The Revenue Divisional Officer, Padmanabhapuram,

3. The Deputy Superintendent of Police,

4. The Sub Inspector of Police, Thuckalay Police Station, +1cc to The Spl.Government Pleader Sr.No.93334 +1cc to Mr.C.Godwin, Advocate Sr.No.92960 SMN VB/KK/SAR3/08/01/2018/3P/7C ORDER MADE IN W.P(MD)No.11469 of 2013 and M.P(MD)No.1 of 2013 15.12.2017