The main legal point established in the judgment is that the administrative decision of the Government, based on relevant facts and circumstances, does not warrant judicial interference under Art.226 of the Constitution.

1. The petitioner. a resident of Kovalam. has filed this Original Petition in the public interest for the issue of a Writ of Certiorari to quash Ext. P4 proceedings of the Government of Kerala permitting the construction of a mosque at Kovalam beach on Government puramboke land.

2. Kovalam is a place of tourist attraction and a tourism complex has come into existence at the Kovalam Beach. The area developed as a tourism development complex was in the possession of the State of Kerala till 1968. Thereafter the entire development complex was handed over to the second respondent. namely. the India Tourism Development Corporation (I.T.D.C.).

3. The Executive Engineer of the ITDC by Ext. P2 dated 1-6-1983. reported to (he District Collector about the unauthorised construction of a mosque at Kovalam Beach in Government land handed over to the ITDC. There is reference also in Ext. P2 about the preparations for the construction of a temple and the local rumours about the proposal for the construction of a church. all within the area of the tourism development complex. Apparently on the basis of Ext. P2 and a report of the village officer. the Tahsildar of Neyyattinkara Taluk passed a prohibitory order Ext. P3. restraining the President and Secretary of the Kovalam Muslim Jamaath from proceeding with the construction of the mosque in Survey Nos. 388/4. 388/9 and 488/1 of Kottukal village in the Kovalam area. Thereafter. by Ext. P4 proceedings of the Government of Kerala dated 26-12-1983. permission was granted for the construction of a mosque on three conditions that the height of the building shall not exceed 15 ft. there will be no broadcasting of prayers by use of loud speakers and no burial ground will be permitted to be established anywhere rear the mosque. Ext. P5 dated 28-12-1983 is a direction by the District Collector to the Tahsildar requiring him to obtain written undertaking from the mosque authorities embodying the conditions mentioned in Ext. P4 and further directing the withdrawal of the prohibitory order Ext. P3.

4. The fourth respondent. namely. the Kovalam Muslim Jamaath Mosque Reconstruction Committee in its counter affidavit states that there was an ancient mosque in the area which happened to be washed away due to sea erosion and the Muslims in the locality as early as in 1120 M.E. had submitted a petition to the then Government for permission to construct a mosque at the cost of the Government. Muslims in the locality being too poor to undertake the construction. were having their prayers in a thatched shed until a committee was formed for the reconstruction of the mosque and this writ petition is filed at a time when the reconstruction of the mosque is almost completed. The Government in its counter affidavit has stated that the prohibitory order Ext. P3 was passed at a time when the mosque was being constructed in about 15 cents of land belonging to the Government and included in the ITDC complex area. Since the matter involved religious sentiments of a section of the community. there were proposals for the acquisition of an alternate site for the mosque. But before the acquisition could be completed. the mosque committee had put up the super structure of the mosque which necessitated the passing of the prohibitory order Ext. P3. There were representations to the Government seeking permission for the completion of the construction to facilitate the Muslims in the locality to have a common place of prayer. The matter was considered at the Governmental level and the Government by Ext. P4 proceedings granted permission for the constitution of a mosque subject to the conditions mentioned above. The learned Government Pleader has placed the files relating to the case for my perusal. The files disclose that the question of granting permission for the construction of a mosque in 15 cents of land at Kovalam Beach was discussed at the cabinet level before permission was granted. The files also disclose that ther