Right To Practise Religion Cannot Be Denied On Mere Apprehension Of Law & Order: Madras HC Allows Construction Of Bible Study Centre

The Madras High Court recently allowed the construction of a Bible Study Centre by the District Secretary of the CSI Church Erichamamoottu Villai in the Kanyakumari District. The bench of Justice RMT Teeka Raman and Justice N Senthil Kumar observed that the rights guaranteed under Articles 25 and 26 of the constitution could not be curtailed or taken away on mere apprehension of law and order and there could no impediment for the Government authorities to deny permission to construct a Bible Study Centre. “As enshrined by the Constitution of India under Articles 25 and 26, such a right cannot be denied or taken away on a mere objection or apprehension of law and order and there cannot be any impediment for the Government Officials, namely, the respondents 1 and 2 to deny the permission sought by the Writ Petitioner,” the court said. The court was hearing a petition by Jacob Sahariah, District Secretary of the CSI Church Erichamamoottu Villai in the Kanyakumari District. He argued that his application for the construction of a Sunday Bible School, as required under Rule 4(3) of the Tamil Nadu Panchayat Building Rules, 1997 was rejected by the District Collector. He submitted that the rejection was based on the report from the Revenue Divisional Officer and the Superintendent of Police, Kanniyakumari District citing law and order issues. He also argued that their letters were not supplied to him. Citing Articles 25 and 26 which empowered the practice of religious faith, he argued that the Study Centre which was proposed to be constructed in his private land, should not have been rejected. The Additional Government Pleader, on the other hand, submitted that as per the report of the RDO, there was an objection by people having faith in a different religion and it was necessary to take note of the ground reality for maintaining law and order. He further argued that if such permission was granted, it would breach the peace and tranquillity in the vicinity and would cause unrest in the society. To this, the appellant assured the court that he was ready and willing to give an undertaking that he would not put up any electronic display board or loudspeakers outside the proposed building after the construction. Accepting this submission, the court noted that in the absence of any alarming situation, the permission could not be denied on a mere objection or apprehension that it would lead to law and order situation in the locality. The court also noted that the building was proposed to be constructed on private land and the title, right and interest on the land was also confirmed. Thus, being the absolute owner who was in possession of the subject land, the court said that there could not be any valid reason for refusing to grant permission. The court thus allowed the plea and set aside the order of the District Collector. However, the court also made it clear that other sets of rules with regard to other technical features have to be satisfied. The court also asked the appellant to submit his understanding on not putting up an electronic board or loudspeaker to the district collector after getting it duly notarised. Counsel for the Appellant: Mr T.Lajapathi Roy, Senior Counsel for Mr C.Prithiviraj Counsel for the respondents: Mr. G.Suriyaananth Additional Government Pleader Case Title: A. Jacob Sahariah v. The District Collector and Others Citation: 2025 LiveLaw (Mad) 36 Case No: W.A.(MD)No.694 of 2020Click Here To Read/Download The Judgment

Right To Practise Religion Cannot Be Denied On Mere Apprehension Of Law & Order: Madras HC Allows Construction Of Bible Study Centre

Upasana Sajeev

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