Can’t Convert House Into Prayer Hall Without Proper Permission From Authorities: Madras High Court
While considering a Petition filed by a Pastor, the Madras High Court has recently observed that if a property purchased by a pastor needs to be converted into a prayer hall, permission would have to be sought from the District Collector.
A Writ Petition came to be filed under Article 226 of the Constitution praying for issuance of a writ of certiorari to call for the records relating to the impugned proceedings on the file of the respondent- Tahsildar and quash the same.
The Single Bench of Justice N. Anand Venkatesh held, “The property shall not be utilised as a prayer hall for conducting prayer meetings and if the petitioner intends to convert the property into a prayer hall, the petitioner is directed to approach the District Collector and seek for permission.”
Advocate K. Samidurai represented the Appellant while Government Advocate T.M. Rajangam represented the Respondents.
Factual Background
The case as set up by the Petitioner was that he was running a Trust in the name of “Word of God Ministries Trust” which was established in the year 2007, and the patta was also transferred in the name of the Trust in the year 2023. Regular prayer meetings were held in this property with family relatives and neighbors. The petitioner, Pastor L.Joseph Wilson, purchased this property in the year 2023 and has been conducting prayer meetings continuously.
It was the petitioner’s grievance that a complaint was given against the prayer meetings being conducted in the property, and based on the same, an enquiry was conducted by the Inspector of Police. Thereafter, the petitioner submitted an application seeking building permission and the plan approval for the construction of a Church. The same was rejected by the District Collector (first respondent). In the meantime, the second respondent- Tahsildar issued a notice to the petitioner directing the petitioner to close down the prayer house within 10 days, failing which, action was supposed to be initiated. Aggrieved by the same, the writ petition has been filed before this Court.
Reasoning
Referring to its earlier judgment in T.Wilson v. The District Collector (2021), the High Court said, “It is clear from the above judgment that conducting prayer meetings in a prayer hall requires obtaining permission from the authority concerned under the relevant rules. Hence, the petitioner cannot, as a matter of right, have a prayer hall to conduct prayer meetings without obtaining any permission.”
The Bench also took note of an affidavit where the petitioner had undertaken that he would conduct the house prayer in a peaceful manner without using a loudspeaker and a microphone. “This undertaking given by the petitioner falls short of the undertaking that was expected by this Court. Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities”, the Bench said.
Thus, the Bench directed the second respondent to remove the seal from the property, to enable the petitioner to take possession of the property.
The Bench concluded the matter by ordering that if the petitioner attempts to utilize the property as a prayer hall, it would be left to the respondents to proceed further in accordance with law.
Cause Title: Pastor L. Joseph Wilson v. The District Collector (Case No.: W.P.No.2036 of 2024)
Appearance
Petitioner: Advocate K. Samidurai
Respondent: Government Advocate T.M. Rajangam
