S.Paul Reckland v. The District Collector

ORDER

The above writ petition has been filed for the following relief : "To issue a Writ of Prohibition to prohibit and restrain the respondents 5 and 6 or their men, family members, or members or anyone from in any manner restraining and/or in any manner preventing the petitioner from peacefully conducting the religious congregations or Page3 of 7 religious prayers in the residential premises of the petitioner situated at No. 11/126, Kumaran Nagar, Saradha Mill Road, Anbu Nagar. Podanur, Pin Code 641 023, Coimbatore District."

¶2The case of the petitioner is that his father had been conducting religious congregations and prayers in the subject property from the year 2010. The property of the 5th respondent is situated on the southern side of the petitioner's property. It is the case of the petitioner that the 5th respondent had filed a complaint before the 4th respondent alleging that the conduct of prayer in their property is causing disturbance and noise pollution to him. The complaint of the petitioner was forwarded to the 2nd respondent by the 4th respondent, pursuant to same, a peace committee meeting was convened and that the petitioner's father had participated in the said meeting on several occasions. In the meantime, the 5th respondent has also filed a civil suit in O.S.No.605 of 2021 on the file of Sub Court, Coimbatore, restraining the petitioner's family from conducting religious prayers. The petitioner would submit that his father had passed away on

15.08.2025 and now, he and his mother are attending the peace committee meeting regularly.

3.The petitioner would submit that necessary steps are being taken by him to obtain a 'No Objection Certificate' from the first respondent and Page4 of 7 also to conduct the prayers in such a manner that it will not cause disturbance to his neighbours. The petitioner would submit that he had obtained 'No Objection' from his neighbours, however, the 5th and 6th respondents are deliberately precipitating the issue. The petitioner also undertakes to alter his building with glass panes and doors, in order to avoid emission of sound during prayer and congregation. Hence, he prays for an order of prohibition, restraining the respondents 5 and 6 from preventing him in conducting the prayer.

¶4Heard the learned counsel on either side.

5.In the light of the fact that the 5th respondent has already filed a suit against the petitioner's father and mother in O.S.No.695 of 2021 complaining about the conduct of prayer and congregations conducted by them, and the same is pending, the present writ petition cannot be maintained both on the ground that the matter is subjudice before the civil court and on the ground that order of injunction against private parties is sought for by couching the writ as one for prohibition.

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¶6Hence, the writ petition is dismissed. No costs.

16-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:

¶1The District Collector Coimbatore Coimbatore District.

¶2The Revenue Divisional Officer Coimbatore (South) Coimbatore District.

¶3The Tahsildar Madukarai Taluk Coimbatore District.

¶4The Inspector D-3, Pothanur Police Station Coimbatore District. Page6 of 7 P.T.ASHA J. DS 16-02-2026 Page7 of 7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Paul Reckland Son of Late. Samuel No. 11/126, Kumaran Nagar Saradha Mill Road Anbu Nagar, Podanur Pin Code - 641 023 Coimbatore District. ..Petitioner Vs 1. The District Collector Coimbatore Coimbatore District. 2. The Revenue Divisional Officer Coimbatore (South) Coimbatore District. 3. The Tahsildar Madukarai Taluk Coimbatore District. 4. The Inspector D-3, Pothanur Police Station Coimbatore District. 5. R. Nagarajan Son of Ramasamy Naidu No.126C3, Gurusamy Pillai Street Kumaran Nagar, New Town Podanur - 641 023 Coimbatore District. Page2 of 7 6. Mr.Anand District Secretary Hindu Munnani Coimbatore District. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Prohibition to prohibit and restrain the respondents 5 and 6 or their men, family members, or members or anyone from in any manner restraining and/or in any manner preventing the petitioner from peacefully conducting the religious congregations or religious prayers in the residential premises of the petitioner situated at No. 11/126, Kumaran Nagar, Saradha Mill Road, Anbu Nagar. Podanur, Pin Code 641 023, Coimbatore District and pass orders, For Petitioner: Mr.D.Ashok Kumar for Mr.S.Rajesh For Respondents: Mr.J.Ravindaran Additional Advocate General Assisted by Ms.R.L.Karthika Government Advocate for R1 to R3 Mr.L.Baskaran Government Advocate (Crl.Side) for R4