NOORUL ISLAM SAMSKARIKA SANGAM Vs. DISTRICT COLLECTOR MALAPPURAM

JUDGEMENT

(1.) The petitioner claims to be a Philanthropist Society. The Society is registered under the Societies Registration Act, 1969, as evident by Ext.P1 certificate. The Society obtained a property in Re.Sy.No.210/8-2 of Amarambalam Panchayat in Malappuram District with a commercial building in it. The petitioner Society want to change the commercial building to a Muslim place of worship. Admittedly there are about 36 Mosques within 5 kilometers radius of this building as per the Sanchaya Assessment Software of the 4th respondent Amarambalam Grama Panchayat. Even then the petitioner wants another place of worship for the reason that "five times prayer" is necessary for a Muslim and therefore, a prayer hall is necessary within the vicinity of every Muslim. If this is allowed then in every nook and corner of the State place of worship and prayer halls would be necessary. In such circumstances, a detailed consideration of this issue is necessary.

(2.) The petitioner obtained the above mentioned property based on Ext.P3 deed No.1718/1/2018 of Nilambur Sub Registrar Office. The property was given to the Society by its original owners free of cost (by Wakf) as per the Wakf deed as evident in Ext.P3. The erstwhile owners of the property was one Mr.Mohammed and Mr.Abdul Razaq. When the property was in the ownership of Mr.Mohammed and Mr.Abdul Razaq, they started to construct a building in it based on Exhibit P4 permit. At that time the 6th respondent herein filed WP(C) No.18986 of 2017 apprehending that the property owners are constructing a religious prayer hall in the above property without permit from the Panchayat and the competent authorities. This Court as per Ext.P5 order, directed the Sub Inspector of Police, Pookkottumpadam Police Station to ensure that no religious practices are carried out in the subject property if the building is constructed without permission from the appropriate authorities as provided in proviso to Rule 7(8) of the Kerala Panchayat Building Rules, 2011. The permit given to the erstwhile owners of the property was to construct a commercial building. The building was constructed based on the building permit issued for the commercial purpose. Subsequently, when there was reluctance from the Panchayat to issue occupancy certificate because of the pendency of WP(C) No.18986/2017, the erstwhile owners of the property approached this Court by filing WP(C) No.39075 of 2017. WP(C) Nos.18986 of 2017 and 39075 of 2017 came up for consideration before this Court together. WP(C) No.18986 of 2017 was dismissed as infructuous and WP(C) No.39075 of 2017 was disposed of as evident by Ext.P6 by directing the Secretary of the Panchayat to consider the application for occupancy certificate and building number after hearing the erstwhile owners of the building and the 6th respondent herein. This Court made it clear that the Secretary shall ascertain the proposed use for which the petitioner in that case intend to put the building before issuing occupancy certificate to the petitioner. Accordingly, the Secretary of the Panchayat heard the parties and an undertaking was obtained from the erstwhile owners of the building that they will use the building only for the purpose stated in the permit. Ext.P7 is the affidavit dtd. 7/3/2018 sworn by the erstwhile owners of the building. Accordingly, occupancy certificate was issued by the Panchayat treating the building in "F" category. Property tax was also received. Thereafter, the property was given to the Society by the erstwhile owners as per Ext.P3 Wakf deed. After getting the building, the petitioner herein submitted Ext.P9 request dtd. 23/6/2018 for permitting to use the building as a prayer hall. It is stated by the petitioner Society that they intend to use the commercial building as a prayer hall for offering five times prayers by the members of the Muslim community since there is no mosque in Thottekkad locality. The Society submitted application for change in the occupancy of the building from category "F" to "D" for using the building as a Muslim place of worship. Ext.P10 is the application for change of occupancy submitted before the Panchayat dtd. 21/7/2018. The Secretary of the Panchayat forwarded the application to the District Collector for his approval as provided in the Kerala Panchayat Building Rules 2011. Ext.P11 is the letter forwarded by the 4th respondent to the 1st respondent. When there was delay in considering Ext.P10 application and Ext.P11 recommendation for consideration by the District Collector, the petitioner approached this Court and this Court, as per Ext.P12 judgment, directed the District Collector to take appropriate decision after hearing all the parties. Consequently, the District Collector considered the matter in detail and dismissed the application as evident by Ext.P13. While considering the issue, the District Collector also considered Ext.P14 Police Report also. Aggrieved by Ext.P13, this writ petition is filed.

(3.) Heard Adv.P.Samsudin for the petitioner and Adv.Deepa Narayanan, Senior Government Pleader for the official respondents. I also heard the counsel appearing for the 3rd and 4th respondent Panchayat. Adv.A.K.Haridas appeared for the 6th respondent, the contesting respondent.