IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 26049 of 2008(A) --------------------------------------- PETITIONER: ------------------- L.SOMAN, S/O.LUKOSE, BETHAL BUNGLOW, PEYAD P.O., THIRUVANANTHAPURAM. BY ADV. MR.D.VIJAYAKUMAR RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL). 3. THE SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM. 4. THE PANCHAYAT OFFICER, VILAPPIL GRAMA PANCHAYAT, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. 6. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 7. TAHSILDAR, NEYYATTINKARA. R1, R2, R3, R5, R6 & R7 BY GOVT. PLEADER SMT. N. SUDHADEVI, R4 BY ADVS. MR.T.H.ABDUL AZEEZ, MR.P.ANOOP (MULAVANA). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26049/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF PETITIONER'S SOCIETY. EXT.P.2: COPY OF THE LAND TAX RECEIPT. EXT.P.2.B: COPY OF THE LAND TAX RECEIPT. EXT.P.3: COPY OF THE BUILDING TAX RECEIPT. EXT.P.4: COPY OF THE OWNERSHIP CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER. EXT.P.5: COPY OF THE APPROVED PLAN FROM THE VILLAPPIL GRAMA PANCHAYAT. EXT.P.6: COPY OF THE PAPER REPORT APPEARED ON KERALA KAUMUDI DAILY ON 31/05/2008. EXT.P.7: COPY OF THE COMPLAINT SUBMITTED BEFORE THE CHIEF MINISTER DTD. 11/06/2008 BY THE PETITIONER. EXT.P.8: COPY OF THE LETTER DTD. 26/06/2008 OF DGP. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 13/06/2008. EXT.P.10: COPY OF THE LETTER DTD. 07/07/2008 RECEIVED BY THE PETITIONER FROM THE R.1. EXT.P.11: COPY OF THE DETAILED REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 17/07/2008. EXT.P.12: COPY OF THE PROCEEDINGS NO. S11-54664/2008 DTD. 16/08/2008 OF THE R.1. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE G.O.217/2005/HOME DTD. 25/07/05. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI ---------------------------------------- W.P.(C)No.26049 of 2008 ----------------------------------------- Dated this the 31st day of March, 2009. JUDGMENT The petitioner, a Christian believer, started a prayer group in the year 1995. According to him, he constructed a prayer hall and their group was registered under the Travancore-Kochi Literary, Scientific and Charitable Societies Act, 1955 under the name and style “Penial Fellowship Church of Charitable Society”. The society is functioning in a building in a property of 9 cents. According to the petitioner, certain other groups in the area demanded money from them for anti-social activities. Since the demand was not heeded to, they have objected to the conduct of prayers. The matter reached the District Collector, who, by Ext.P12 order, required the petitioner to desist from conducting prayers in the said hall and further directed the Tahsildar to seal the place where the Church was allegedly functioning. This is under challenge in this writ petition. W.P.(C)No.26049 of 2008 :: 2 :: 2. The stand taken by the 1st respondent in the statement is that prior permission from the District Collector is necessary before any place is used as a place of worship. This is as per the Government Order No.217/2005 dated 25.7.2005. That since the functioning of the church is against the provisions of paragraph 23 of the said Government Order, the District Administration has interfered and interdicted the conduct of the church. 3. It is clear from the statement filed by the 1st respondent that a decision has not been taken on Ext.P9 application submitted by the petitioner for permission from the District Collector to continue the prayers in the hall in question. 4. In my view, the District Collector ought to have conducted an enquiry in terms of the provisions of the Government Order. If the District Collector decides to grant permission, it would automatically result in revocation of Ext.P12 order. W.P.(C)No.26049 of 2008 :: 3 :: In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P9, after hearing the petitioner and any other interested person, within three months from the date of receipt of a copy of this judgment. If the District Collector decides to grant permission as sought for in Ext.P9, the same shall result in revocation of Ext.P12. Otherwise, it will be open to the petitioner to pursue his remedies according to law. Sd/- (V.GIRI) JUDGE sk/- //true copy//