RAJESH Vs. SUB INSPECTOR OF POLICE, KURATHIKAD

JUDGEMENT

(1.) The writ petitions are all with respect to the construction attempted in a property, which is said to be belonging to a Wakf.

(2.) The petitioners in W.P.(C) Nos. 6428 and 6467 of 2019 apprehend that there would be a construction carried out of a Mosque in the said area, which would disturb the communal harmony of the area. The petitioner also refer to Ext. P4 produced in W.P.(C) No. 6467 of 2019, wherein the Minutes of the meeting of the R.D.O. specifically indicate that there is no permit obtained by the Wakf as of now. The R.D.O. hence has restrained the construction of any Mosque, for the present.

(3.) It has been specifically stated in the counter affidavit of the State filed in W.P.(C) No. 6467/2019, in accordance with the decision of the R.D.O., the Mavelikkara Tahsildar had demolished the erection on the property; a temporary shed, on 05.03.2019 with police protection. Admittedly there is no permit obtained to put up a temporary shed in the property or to carry on a Madrassa in the shed. There is said to be an application for building permit pending before the local authority. It is also stated that the application is for a building for the purpose of establishing an Islamic Cultural Centre-cum-reading room. The residents in the other writ petitions apprehend that it is a Mosque which is to be constructed there. For the purpose of establishing a religious institution necessarily a permit has to be first obtained from the District Collector as per the Building Rules. We would not make any observations on the pending application, which has to be considered in accordance with the statutory rules.