LAWS(MAD)-2005-12-65

A P DHAS Vs. DIRECTOR GENERAL OF POLICE

Decided On December 09, 2005
A P DHAS Appellant
V/S
DIRECTOR GENERAL OF POLICE Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) BY consent, the writ petition itself is taken up for hearing.

(3.) 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 under Article 25 (1) of the Constitution of india, by the order, dated 3. 8. 2005 made in W. P. Nos. 16804 of 2003 and 21187 of 2005, (Albert Raj -vs- District Collector and 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. �