IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09/12/2005
CORAM
THE HON'BLE MR.JUSTICE P.D.DINAKARAN
W.P.No.39683 of 2005
and W.P.M.P.No.42563 of 2005
Pastor I.Vinil Sathish
President and
Chief Bishop
Full Gospel
Pentecostal Church
Kadamalaikuntu
Kanyakumari District. .. Petitioner
-vs-
1. State of Tamil Nadu
Rep. by
the Secy. To Govt.,
Home Department,Fort St.
George, Chennai-9.
2. The District Collector,
Kanyakumar District,
Nagercoil.
3. The Revenue Divisional
Officer,
Padmanabhapuram,
Kanyakumari District.
4. The Inspector of Police,
Manavalakurichi
Police Station,
Mandaikadu, Kanyakumari Dist.
5. The Executive Officer,
Town Panchayat,
Manavalakurichi,
Kanyakumari District. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Certiorarified Mandamus as stated below.
For Petitioner : Mr.K.Chandru, S.C.
for Mr.R.Yashod Vardhan
For Respondents : Mr.S.Venkatesh, Spl.G.P.
:O R D E R
The prayer in the writ petition is for issuance of a writ of
certiorarified mandamus, calling for the records of the third respondent
pertaining to his order dated 24.11.2005 in OM A3 10008/2005 and quash the
said order and consequently, direct the respondents to forbear from
interfering the right of the petitioner in conducting the Full Gospel
Pentecostal Church at Door No.10/31B, Madavillai Azhaganparai post,
Kanyakumari District.
2.1. The petitioner is the President and Chief Bishop of the Church,
viz., Full Gospel Pentecostal Church, which was established in the year 1933.
A member of the said church, gifted some lands to the church and some lands
were also purchased by the church. Prayer meetings were conducted in the said
lands for the last 20 years. According to the petitioner, at the instigation
of other religious people, two original suits before the District Munsif cum
Judicial Magistrate, Iraniel, were filed by certain persons against the prayer
meetings conducted in the church, which were dismissed and in spite of it,
aggrieved individuals appealed to the Government and also informed that prior
permission from the District Collector, the second respondent herein, should
be obtained before conducting any prayer.
2.2. That being so, in the guise of not obtaining prior permission
from the District Collector to carry the religious activities of the church,
which permission is not necessary, the fourth respondent calling upon a member
of the church, obtained a letter forcibly assuring them that the church
activities will be stopped and prayer will be conducted only on Sundays.
Pursuant to the same, the third respondent by letter dated 24.11.2005 directed
to stop the prayer meetings, as it was not approved by the 2nd respondent,
which order is being impugned in this writ petition on the ground that in the
guise of the said order, the revenue authorities and the police authorites are
preventing the petitioner church from holding regular prayer meetings.
3. A Division Bench of this Court, while dealing with the freedom of
conscience and the right freely to profess, practise and propagate religion,
by an order dated 14.7.2005 made in W.P.No.5202 of 1998 ( Mohamed Gani Vs.
The Superintendent of Police, Dindugal District & 4 Others), held as follows:-
“.. 13. This is a free, democratic and secular country. In our country
people of all religions, castes and communities are equal under the
Constitution, vide Articles 14 to 18, and they have a right freely to practice
their religion, vide Article 25. This country does not belong to Hindus
alone. It belongs equally to Muslims, Christians, Buddhists, Jains, Parsis,
Sikhs, Jews, etc., and all are equal under the law. Also, it is not that only
Hindus can live in this country as first rate citizens while others can live
only as second rate citizens. That is not so. In our country, all citizens
are, and are entitled to live, as first rate citizens. It is the greatness of
our Founding Fathers who made the Constitution that at the time of
Independence in 1947 when the sub continent was engulfed in religious madness
they insisted that our country shall not be declared as a Hindu State, but
shall be a secular State. This was indeed a very difficult thing to do at
that time, because when passions are inflamed it is difficult to keep a cool
mind. There must have been tremendous pressure on our Founding Fathers to
declare India a Hindu State, particularly since Pakistan had declared itself
an Islamic State. It is the greatness of our Founding Fathers that they kept
a cool mind and resisted these pressures, and provided for a Secular State in
India under our Constitution. ”
4. On a similar set of facts, when a construction of the church was
objected by the District Collector under the pretext that there are no
sufficient number of christians in the locality, this Court, applying the
decision of the Division Bench of this Court referred to above and in view of
the fundamental right guaranteed to the citizens under Article 25(1) of the
Constitution of India, by an order dated 3.8.2005 made in W.P.No.16804 of
2003 and 21187 of 2005 (Albert Raj Vs. The District Collector, Kanyakumari
District & Others), permitted the construction of the Church, by holding as
follows:-
” In view of the fundamental right guaranteed to the citizens under our
Constitution, viz., freedom of conscience and the right freely to profess,
practise and propagate religion, which right is not restricted or qualified
with reference to the number of persons living in a particular locality and
applying the decision of the Division Bench of this Court in the order dated
14.7.2005 made in W.P.No.5202 of 1998, I find that the impugned order dated
31.3.2002 passed by the first respondent is illegal, unconstitutional and is
therefore liable to be quashed. Hence, W.P.No.16804 of 2003 is allowed and
the impugned order dated 31.3.2002 passed by the first respondent is quashed.
”
5. Since the question raised in the present writ petition is with
reference to the interference by the revenue people and local police with the
right of the residents in worshipping in the Church, applying the ratio
laid down by the above decision and finding it difficult to sustain any
interference by the revenue and police authorities, there shall be a writ as
prayed for.
6. Accordingly, the writ petition is allowed. No costs.
Consequently, connected W.P.M.P. is closed.
sra
To
1. The Secretary,
Govt. of Tamil Nadu, Home Dept.,
Fort St. George, Chennai-9.
2. The District Collector,
Kanyakumar District, Nagercoil.
3. The Revenue Divisional Officer,
Padmanabhapuram, Kanyakumari District.
4. The Inspector of Police,
Manavalakurichi Police Station,
Mandaikadu, Kanyakumari Dist.
5. The Executive Officer,
Town Panchayat, Manavalakurichi,
Kanyakumari District.