Madras High Court
R.A.Joseph Kingston vs Mr.Ebenezar on 31 January, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:31.01.2019
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Cont.P.(MD) No.803 of 2016
R.A.Joseph Kingston ... Petitioner/2nd Respondent
2nd Respondent
vs.
Mr.Ebenezar,
S/o.Muniasamy,
Pastor,
The Petecostal Mission,
Roche Colony Branch,
No.22/8, South Beach Road,
Tuticorin. ... Respondent/Petitioner
Petitioner
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, to punish the respondent herein under the Contempt of Courts
Act for violating the order of this Court dated 21.01.2016 made in M.P(MD)
No.1 of 2015 in W.P(MD)No.19647 of 2015.
For Petitioner : Mr.R.Vijayakumar
For Respondent : Mr.N.Dhilipkumar
ORDER
This Contempt petition has been filed to punish the respondent herein under the Contempt of Courts Act for violating the order of this http://www.judis.nic.in 2 Court dated 21.01.2016 made in M.P(MD) No.1 of 2015 in W.P(MD)No. 19647 of 2015.
2.The respondent in this contempt petition has filed a writ of certiorarified mandamus to quash the impugned proceedings issued by the District Collector, Thoothukudi District in Na.Ka.No.C2/32031/2015 dated 17.10.2015 and further to direct the District Collector, Thoothukudi to grant permission to conduct the prayer in the respondent/petitioner premises situated at Door No.22/8, South Beach Road, Roche Colony, Thoothukudi.
3.The respondent / petitioner made a representation on 06.04.2015 to grant permission to run the religious institutions in their premises. The District Collector, Thoothukudi on 17.10.2015 passed an order that as per Section 6 (4) of the Tamil Nadu Town and Country Planning Act 1972, for constructing the religious church, the petitioner has to get no objection from the Collector and then only can approach the local body to get permission and without getting permission from the Collector, the petitioner has constructed the church in the layout of residential house and he has been running a prayer house and accordingly on the above ground, the District Collector has rejected the same.
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4.Challenging the same, the respondent herein filed a writ petition. In the writ petition, this Court, in M.P(MD)No.1 of 2015, on 29.10.2015 has passed an interim order to the effect that status quo as an date to be maintained. This Court by an order dated 21.01.2016 extended the interim order of status quo by making out clear that the respondent / petitioner should stick on to their undertaking given at paragraph No.5 of the affidavit that they are not using any loud speaker and mike set at the time of the said prayer. Based on the undertaking, the order of status quo was issued and the same has been violated by the respondent herein. Hence, one R.A.Joseph Kingston, impleaded as a party respondent in the writ petition, has filed the contempt petition stating that the writ petitioner is conducting prayers with loud noises and using heavy musical instruments and mike sets at the time of prayer and every day there have been prayers conducted till mid night and the children and other local residents are not able to live in peace and also given various complaints stating that the speaker and mike sets have been used.
5.When the matter was taken up hearing on 30.01.2019, this Court directed the respondent to find out the present status and accordingly, the newly assumed pastor is present before this Court today, and submits that they are not using any loud speakers or mikes or heavy musical http://www.judis.nic.in 4 instruments at the time of prayer and they are strictly abiding by the undertaking given and no violation of the said order has been done by the petitioner church and he has also given an undertaking that in future also they will not violate the order of the Court and will not use any loud speakers or mikes or heavy musical instruments at the time of prayer hours.
6.The learned counsel for the contemner has also produced the photograph of board installed before the church, wherein it is stated that the said church has been conducting prayer on Sunday at 09.00 a.m., Wednesday at 10.00 a.m., and 6.30 p.m., and Saturday at 10.00 a.m., and 6.30 p.m., for the general public and the learned counsel also filed a schedule of prayer conducted in the prayer hall and the same reads as follows:-
Day Timings Nature of Prayer
Every day 04.00 to 05.00 a.m., Prayer by Pastor & 4
06.00 to 08.00 a.m., sisters without
10.00 to 11.00 a.m., participation of any
devotees
On Sundays 09.00 to 12.00 a.m., Open for Devotees
On Mondays 07.00 to 08.30 p.m., Open for Devotees
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On Wednesday 10.00 to 01.00 p.m., Prayer Meeting
06.30 to 8.30 p.m., Bible Study
On Saturdays 10.00 to 01.00 p.m., Prayer Meeting
6.30 to 8.30 p.m., Tarrying Meeting
10.00 to 12.00 p.m., Night Prayer
7.The respondent herein in the affidavit filed in support of the writ petition has stated that only on Sundays they have conducted the prayer and for the rest of time in the week, it is only treated as house of the Pastor and no church activities are carried out. When they are conducting prayer only on Sundays, this Court directed the respondent / petitioner to stick on to their undertaking that they are not using any loud speaker and mike set at the time of prayer. But the photographs produced in the Contempt Petition would show that even at 11.30 mid night also, the people are coming out of the said house and it would show that definitely prayer has been conducted in the said house even beyond the mid night, which is also evident from the standard schedule of the prayer filed by the present pastor Jeshua @ Pradeep wherein it is stated that from 10.00 p.m. to 12.00 p.m., night prayer has been conducted on every Saturday. As per the said schedule and as per the undertaking given in the original writ petition that no activities are done except Sunday, it could be seen that except Tuesday and Thursday, in all other days prayer are conducted evening and morning. http://www.judis.nic.in 6 V.BHAVANI SUBBAROYAN, J.
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8.In view of the above, in order to maintain the peace in that area, this Court directs the respondent not to conduct any prayer meeting other than Sundays with the devotees and it is for them to conduct prayer on their own (i.e.,) Pastor and nuns without any mike and loud speaker who are residing in the house. During Sundays also, the time is restricted from 09.00 to 12.00 a.m., and not extended to any other time. During the rest of the time, the prayer meeting shall not be conducted with the devotees. It is also made clear that the Pastor and four nuns can pray without making any noise and causing any disturbance to the other neighbors as per the undertaking given earlier.
9.With the above directions, this Contempt petition is closed.
31.01.2019 Index : Yes / No Internet: Yes / No cp To:
Mr.Ebenezar, S/o.Muniasamy, Pastor, The Petecostal Mission, Roche Colony Branch, No.22/8, South Beach Road, Tuticorin.Cont.P.(MD) No.803 of 2016
http://www.judis.nic.in