Court Upholds Government's Decision to Allow Construction of New Church Despite Neighbor Objections

Background

The case involves a dispute over the construction of a new church in Thalore, Thrissur District, Kerala. The petitioners, who are neighbors of the proposed church site, challenged the permission granted by the government for the construction and the building permit issued by the local self-government institution.

Arguments

The petitioners argued that the construction of the new church would cause financial burden on the existing parish and that the church authorities had not obtained the necessary permissions under the Kerala Panchayat Building Rules (KPBR) and the Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony. They also claimed that the church was being built on land that included a paddy field.

The church authorities, represented by the Vicar, contended that the construction was in accordance with the rules and that the government's decision to grant permission was aimed at promoting communal harmony. They argued that the enquiry under the Manual was not meant to delve into issues of title or ownership of the property.

Court's Analysis and Reasoning

The court noted that the KPBR had been amended in 2019, removing the requirement of obtaining prior permission from the District Collector for the construction of religious buildings. The court held that even if it were to interfere with the impugned orders, the matter would have to be relegated back to the Panchayat, which now has the authority to consider the application for a building permit.

The court found that the District Collector's initial refusal to grant permission was based on irrelevant factors, such as the possibility of sectarianism within the community. The court held that the government's decision to correct this error and direct the District Collector to grant conditional permission was reasonable and did not warrant interference by the court.

Decision

The court dismissed the writ petitions, upholding the government's decision to allow the construction of the new church and the subsequent building permit issued by the Panchayat. The court noted that any further interference would be futile, as the amended KPBR has shifted the authority to the Panchayat, which has already granted the permit.