SANKARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONERS have filed this writ petition seeking a direction requiring respondents 1 and 2 to take immediate and effective action against a Mosque established in a building constructed on the strength of Ext.P3 building permit. According to the petitioners, Ext.P3 building permit was issued to respondents 3 to 5 for the construction of a commercial cum dormitory building. However, making use of the other building permit, the Mosque was constructed in violation of the guidelines issued by the Government of Kerala vide G.O.(Rt).LR No.38650/SSA3/97/Home dated 6.10.1997 and the building Rules framed by the Government of Kerala. They say that accordingly, they submitted Exts.P1, P2, P5 and P6 complaints to the first respondent and that in spite of having received those complaints, respondents have not taken any action in the matter. It is therefore, that the writ petition has been filed with the prayers mentioned above.

(2.) ON the filing of the writ petition, this Court directed the second respondent to file a statement indicating whether there is any violation of the building permit as alleged by the petitioners. Accordingly a statement has been filed paragraph 2 of which reads as under:-

(3.) THE averments contained in the statement and the affidavit referred to above, therefore disprove the assertion made by the petitioners that a Mosque has been established misusing a building permit. It also disprove the claim that there is inaction on the part of the authorities on the complaints made by the petitioners. There is no affidavit filed in reply to the statement and the affidavit filed by the first respondent. In such circumstances, this Court cannot accept the plea of the petitioners. Writ petition fails. It is dismissed accordingly.