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MOHAMMED NIAS C. P.
K. T. Mujeeb – Appellant
Versus
State Of Kerala, Represented By Its Secretary, (Lsgd) – Respondent
JUDGMENT
Mohammed Nias C.P., J.
The petitioner owns an extent of 7.20 cents of land in Sy. No.147/2 of Kadalundi Village, which had a building which has been used as a prayer hall since 2004. It is submitted that no Juma prayer was conducted, no amplifiers or speakers were used, and the prayer hall was only for offering prayers by the religious people. The petitioner had applied for a building permit for changing the roof of the building and for approval of the plan before the 3rd respondent Secretary of the Kadalundi Grama Panchayat. The petitioner was ultimately given a permit on 25.11.2014, Ext.P4, which permitted him to change the roof of the existing building having a plinth area of 53.36 sq.mtrs., pursuant to which the petitioner changed the roof. The petitioner submits that he was issued with a notice dated 11.05.2015 from the 3rd respondent Secretary of the Panchayat alleging that complaints were received from neighbours regarding illegal construction and directed the petitioner to stop the construction. The petitioner submitted a reply on 16.05.2015 denying any illegal construction as alleged in Ext.P5.
2. Apprehending demolition of the roof of the building the petitioner fil
The rejection of a religious place application based on communal opposition violates Articles 25 and 26, emphasizing the need for secularism and religious freedom.
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....
In case of construction of new building or reconstruction [xxx] for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of District Collector c....
The necessity of a show cause notice before rejecting applications for religious constructions is essential to uphold due process and prevent arbitrary decisions.
The court emphasized that the authority for permitting use of a building for religious purposes must balance freedom of religion with public order, especially given existing communal concerns.
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