1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD).No.386 of 2011 S.Martin Rajasekar ... Petitioner Vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Deputy Superintendent of Police, Thanjavur District, Thanjavur. 4.The Revenue Divisional Officer, Pattukkottai, Thanjavur District. 5.The Tahsildar, Peravurani, Thanjavur District. 6.The Inspector of Police, Peravurani Police Station, Thanjavu District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 4 to 6 from interfering with the right of the petitioner in conducting prayer in his premises bearing Door No.13/4, 3rd street, Teachers Colony, Nattanikkottai North, Peravurani, Thanjavur District. For petitioner : Mr.K.Samidurai For respondent : Mr.S.Shanmugavel, Government Advocate ORDER The petitioner seeks a writ of mandamus restraining the respondents 4 to 6 from interfering with his right to conduct prayer in his premises bearing Door No.13/4, 3rd Street, Teachers Colony, Nattanikkottai North, Peravurani, in the District of Thanjavur. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner is a converted Christian. The petitioner and his family members are following the tenets of Christianity. According to the petitioner, he has constructed a residential house and in the backside of his premises, he has been conducting joint family prayer meetings. Besides his family members, the believers of Jesus in and around the village also used to take part in the regular prayer meetings on Sundays. He has been conducting prayer meetings for the last 16 years. 3. It appears that the local people made objections against conducting religious meetings in a residential building and the said development made the petitioner to file the writ petition for issuance of a writ of mandamus. 4. I have heard the learned counsel for the parties. 5. In the affidavit filed in support of the writ petition, more particularly in paragraph No.4, there is a clear indication that the petitioner is conducting religious meetings on a large scale and his residential building was used for the said purpose. Therefore, the fact remains that the residential building is used for religious purposes. 6. Rule 6(4) of the Tamil Nadu District Municipalities Building Rules provides no site be used for the construction of a building intended for public worship or religious purposes, without the prior approval of the Collector. Since it was only a residential building, no approval for constructing the building was taken. Therefore, the petitioner cannot use the residential building for religious purposes without the approval of the Collector, as the worship was not confined to the family of the petitioner. 7. The learned counsel for the petitioner fairly submits that the petitioner would make an application before the District Collector for granting permission to conduct prayer meetings in the subject premises. 8. Accordingly, the petitioner is granted liberty to make an application before the District Collector, Thanjavur and in the event of making any such application within a period of two months from the date of receipt of a copy of this order, the same shall be considered by the District Collector, Thanjavur on merits and as per law, as expeditiously as possible and in any case, within a period of four months thereafter. 9. The writ petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintendent of Police, Thanjavur District, Thanjavur. 3.The Deputy Superintendent of Police, Thanjavur District, Thanjavur. 4.The Revenue Divisional Officer, Pattukkottai, Thanjavur District. 5.The Tahsildar, Peravurani, Thanjavur District. 6.The Inspector of Police, Peravurani Police Station, Thanjavur District. +1 CC to Mr.K.Samidurai, Advocate (SR.No.1955) Order in W.P.(MD).No.386 of 2011 18.01.2011 gcg NSV/3.2.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/