JUDGMENT :

The petitioner claims to be a Philanthropist Society. The Society is registered under the Societies Registration Act, 1969, as evident by Ext.P1 certificate. The Society obtained a property in Re.Sy.No.210/8-2 of Amarambalam Panchayat in Malappuram District with a commercial building in it. The petitioner Society want to change the commercial building to a Muslim place of worship. Admittedly there are about 36 Mosques within 5 kilometers radius of this building as per the Sanchaya Assessment Software of the 4th respondent Amarambalam Grama Panchayat. Even then the petitioner wants another place of worship for the reason that ‘five times prayer’ is necessary for a Muslim and therefore, a prayer hall is necessary within the vicinity of every Muslim. If this is allowed then in every nook and corner of the State place of worship and prayer halls would be necessary. In such circumstances, a detailed consideration of this issue is necessary.

2. The petitioner obtained the above mentioned property based on Ext.P3 deed No.1718/1/2018 of Nilambur Sub Registrar Office. The property was given to the Society by its original owners free of cost (by Wakf) as per the Wakf deed as evident