FR. GEEVARGHESE Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The dispute in this writ petition pertains to refusal of permission by the District Collector for the purpose for reconstructing a Church. By Ext. P8 District Collector rejected the permission sought by the petitioner to reconstruct the Church on account of the fact that there are disputes on right and interest over the existing Church situated in re-survey 328/4, 324/4 and 324/6 of Kanjikuzhi Village. In fact, the petitioner sought review of Ext. P8 order and also permission to reconstruct the Church by Ext. P10. It appears that the dispute is between two factions of Church, namely, Orthodox faction and Party respondent-Patriarch faction.

(2.) Indian Constitution in principle allows religious freedom. Article 25 of the Constitution of India secures every person to practice and profess and propagate religion. Article 26 of the Constitution also prescribes right to establish institutions for religious and charitable purposes and also to manage its own affairs in the matters of religion. However, these rights are subject to public order, morality and health; which means, the State is empowered to regulate any activity relating to religion subject to public order, morality and health. This is obvious considering the cultural and social background of Indian social society in which numerous religious beliefs play dominant role. Therefore, on account of different religious beliefs and practice, conflict is inevitable. Thus, the State impinges upon religious freedom to the extent to secure public order, morality and health.

(3.) This writ petition calls upon to decide the scope of enquiry under the manual of guidelines to "Prevent and Control Communal Disturbances and to Promote Communal Harmony-2005" issued by the Government of Kerala. The 2005 manual is an amended version of the original manual issued in the year 2002. The objective of the manual is to avert potential threat to communal harmony by frustrated elements resorting to competitive communalism resulting in communal violence. In the manual the following guidelines are issued in relation to construction/renovation of religious place: