Point of Law: Rule 7(8A) of the Rules, 2011, in case of construction of a new building or reconstruction for religious purposes or worship, prior approval or clearance or permission or concurrence, as the case may be, of the District Collector concerned shall be obtained and the conditions stipulated in the Manual of Guidelines to prevent and control the communal disturbances and to permit communal harmony which is in force, was to be complied with.

JUDGMENT :

SHAJI P. CHALY, J.

This is a Public Interest Litigation filed by two residents within the limits of the Clappana Grama Panchayat, Karunagappally Taluk, Kollam District, seeking a direction to respondents 1 to 3 ie., the District Collector, Kollam, Clappana Grama Panchayat, Kollam District and the Circle Inspector of Police, Oachira Police Station, to consider and dispose of Exts.P3 to P5 complaints filed by the petitioners and other residents within the limits of the Clappana Grama Panchayat and also for a further direction to the party respondents i.e., respondent Nos. 4 and 5 to construct the mosque only after complying with the prescriptions contained in Ext. P10 Manual of Guidelines issued by the Home Secretary, Government of India dated 23rd June, 2002 to promote communal harmony, by which the State Governments were directed to take appropriate steps to avoid any instance of communal violence, and Rule 7(8A) of the Kerala Panchayat Building Rules, 2011 ('Rules, 2011' for short)

2. Brief material facts for the disposal of the writ petition are as follows:

The first petitioner also claims to be the Taluk Secretary of the Hindu Ayikya Vedi, Karunagappally. The case of the petitioners are that respondents Nos. 4 and 5 are constructing a mosque in a property situated in the midst of a densely populated area, with population consisting of mostly Hindus with a specific intention to create communal tension and disharmony and the Panchayat has granted permission for construction, which was started without any permission and without complying with the provisions of law and ignoring the protest of the residents of the locality.

3. According to the petitioners, the 5th respondent namely one Iqbal S.M is the President of the Clappana Grama Panchayat and a member of the SDPI, a political wing of the Popular Front of India, a militant organisation. Various other contentions in regard to the same are raised, which we feel, are insignificant to decide the issues in the writ petition. It is also the case of the petitioners that immediately on finding that respondents 4 and 5 are constructing a building to establish a mosque, the petitioners and other residents of the locality have filed complaints before the Panchayat, the Tahsildar as well as the District Collector basically stating that respondents 4 and 5 are constructing the mosque without the permission from the Grama Panchayat and without following the legal prescriptions before starting construction of mosque which is a place of worship.

4. It is also submitted that, on enquiry, the petitioners were informed that no permission was granted for the construction of the mosque in the above said property and in spite of the complaints filed by the petitioners, the Panchayat has not taken any action to stop the illegal construction activities. It is the further contention of the petitioners that by virtue of the Manual of Guidelines issued by the Government of India, in order to carry out any construction of the religious places, a prior approval by the appropriate authority or statutory body is required. That apart, it is stated that as per Rule 7(8A) of the Rules, 2011, for the purpose of construction or reconstruction of a building for religious purpose of worship, the approval or clearance or permission or concurrence, as the case may be, of the District Collector is required. It is also submitted that the Union Home Secretary has written a letter to the Chief Secretaries of States reviewing the guidelines and directing the State Governments to strictly implement the guidelines at various levels.

5. The Clappana Grama Panchayat has filed a statement refuting the allegations and the contentions of the petitioners. It is also pointed out by the Panchayat that it has received an online application for the construction of a building in Group F category occupancy along with a detai