Can’t Run Prayer Hall Inside House Without Official Nod: Madras High Court

The Madras High Court has recently held that residential properties cannot be transformed into prayer halls without obtaining necessary permission from the competent authorities.

A single-judge bench presided over by Justice N. Anand Venkatesh noted that conversions of such nature, particularly those involving large public gatherings, require proper permission under the relevant rules.

"The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings," the court held.

The bench further observed, "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 petitioner, Pastor L. Joseph Wilson, who runs the Word of God Ministries Trust, had been holding regular prayer meetings at a property he purchased in January 2023. Though the Trust had been active since 2007 and the patta was formally transferred in its name last year, the gatherings were attended by family members and neighbours.

Soon after, a complaint was filed against Pastor Wilson regarding the prayer meetings being conducted on the property. Acting on the complaint, the local police conducted an enquiry.

Meanwhile, Pastor Wilson applied for building permission and plan approval to formally construct a church on the premises. However, his application was rejected by the District Collector.

The issue escalated when the Tahsildar issued a notice asking him to shut down the prayer house within 10 days. The petitioner was warned by the Tahsildar of further action in case he failed to comply.

Challenging this, Pastor Wilson moved the High Court seeking relief by way of the present writ petition.

On the other hand, the respondent, the District Collector, filed a counter-affidavit stating that the petitioner cannot run a prayer hall without obtaining proper permission. He argued that the prayer meetings conducted by the petitioner were causing disturbance to neighbouring residents and the local community. Accordingly, the District Collector sought dismissal of the writ petition.

While considering the matter, the High Court also took note of an undertaking filed by the petitioner, wherein he stated that the house prayer would be conducted peacefully, without using loudspeakers or microphones.

However, the court rejected the undertaking after finding it inadequate. The court remarked: "Mere non-usage of loudspeakers and microphones will not solve the issue. Therefore, this Court will be inclined to direct the respondents to remove the seal only if the property is not used as a prayer hall by the petitioner without the permission of the authority concerned."

Court nevertheless permitted the authorities to remove the seal from the property to enable him to take possession, stating that the premises shall not be used as a prayer hall without prior approval from the District Collector.

"...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. If the petitioner once again attempts to utilise the property as a prayer hall, it is left open to the respondents to proceed further in accordance with law," the court directed

With these directions, the court disposed of the instant writ petition.

Case Title: Pastor L. Joseph Wilson v. The District Collector & Anr.

Read order here: