• Neighbor running temple in the house

My neighbor expired in 2007 then his son sold that house to Stinger Sarada petam then onwards they started bajana in that house and started running it almost aa temple when objection raised ,it was told will be used as mythological library ,suddenly they installed goddess over night and started temple ,objections were sent to municipality,no action taken they are disturbing our tranquility and peace of individual living.They are seeking police support on all festivals for their rituals as retired IAS are members of that petam ,how we can procede
Asked 2 years ago in Constitutional Law from Hyderabad, Telangana
1) file an RTI application with muncipal corporation as to whether permission has been granted for temple in residential area 

2) you can afile a complaint before magistrate under section 133 of IPC for public  nusiance 

3) enclose correspondence exchanged with muncipal corpration tthat running of temple has disturbed peace and tranquility of neighbour hood 
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

Well,if a temple is built on the land complying the relevant constructions rules and regulations you can not raise any objection in running the same.
The usual sound of rituals and kirtan coming out it is can not also be stopped.
However of there is any other nuisance like loud sound or running of any immoral activities then only you can seek legal relief.
So state actual problems you or other inhabitants face from the this temple so more advice can be given.
Devajyoti Barman
Advocate, Kolkata
14313 Answers
197 Consultations

5.0 on 5.0

The only efficacious remedy is to file a suit for injunction against it to restrain them from causing nuisance which has deprived you of peaceful existence in your house. Nobody can be allowed to follow religious practices at the altar of causing nuisance to the inhabitants of the place.
Ashish Davessar
Advocate, Jaipur
24446 Answers
679 Consultations

5.0 on 5.0

You can file a mandatory injunction suit restraining them from using the residential place as a temple and cite the disturbances due to bajans and heavy human and vehicular population.  
You can mention the nuisances and disturbance to peaceful living and also the reluctant and ignorant attitude by the local civic authorities and police leads to more mental turbulence and depression day by day due to such illegal acts.  
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

1. Lodge joint police complaint before the local police station under copy to the S.P./D.C.

2. If police fails to take any remedial action, file a Writ Petition before the High Court against police for its inaction seeking relief.

3. Before filing the complaint and W.P., you should collect irrefutable evidence in support of your allegations.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

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