A person named C.kishor,a resident of Neduvilai,had filed a writ petition in Madras High Court In the petition,he had challenged the permission once given by the Kanyakumari district collector to Y.Thangraj to build a church. The petitioner had alleged that Thangraj was creating disturbance by praying through loudspeakers both day and night. The petitioner also alleged that the church had installed CCTV cameras pointing towards his house. The petitioner had sought an order to remove the CCTV cameras and loudspeakers belonging to the court.
After knowing that the petitioner belongs to Hindu community. Justice C.V.Karthikeyan said that India is a secular nation. Article 15(1) of the Indian Constitution states that the state shall not discriminate against anyone on the basis of religion. According to Article 51A of the constitution,it is the duty of every citizen to promote harmony and brotherhood. The constitution of the country is sacred and binding on the court. Tolerance is one of the basic principles followed by a Hindu. Tolerance should be towards one's own religion and should also be towards other religious community. The petitioner should live in harmony with people around him. Indians take pride in unity in diversity. The petitioner must accept that people of different religions and different caste,creed and religion have been given rights under the constitution. The court emphasized that the country is a secular nation recognizing the practices of religion. The petitioner can not complain against it. The court should noted that there was a temple in the same area as the church. The court rejected the contention of the petitioner that the district administration did not listen to him before granting permission for the construction of the church. The court was of the view that the district administration had analyzed all the aspects before granting permission for the construction of the church. The court considered appropriate the permission given by the district administration for the construction of the church. And the petition was dismissed, Along with this, the court directed the Collector to make Y.Thangraj practice the tolerance and respect. The court also said that the authorities can advise the person to exercise restraint,who built the church. Having said that Lord's prayer does not require the use of loudspeakers. The district administration may induce the respondent (Y.Thangraj) that it is prudent to be restrained. Then wisdom and sensitivity will prevail over pride and prejudice. The court said that the prayer should be done in a gentle manner.
