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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JUDGMENT :

Amit Rawal, J.

Present intra court appeal is directed against the judgment of the Single Bench, whereby the writ petition bearing No.792 of 2022 filed by the appellant-petitioner claiming the following relief has been dismissed:

a) a writ of certiorari or any other appropriate writ order or direction directing calling for the records leading to Exhibit-P13 and set aside the same

b) a writ of mandamus or any other appropriate writ order or direction directing the respondents 1, 3 and 4 to grant the permission to use the building with No. 2/256A in Amrambalam Grama Panchayat in Nilambur Taluk, as a place for worship, in the interest of justice.

2. Succinctly, the facts in brief for the adjudication of the controversy are enumerated herein below:

Petitioner society is registered under the Societies Act, 1969. One Mr. Mohammed and Mr. Abdul Razaq were the owners of the property situated in Re-Sy No.210/8-2 of Amarambalam Panchayat in Malappuram District. On the basis of the permit dated 5.4.2017, Ext.P4 , constructed a two storied building with ground floor and first floor. At relevant point of time, the 6^th respondent in the writ petition, filed another writ petition bearing No.18986 of 2017, apprehending that the property owners were constructing a religious prayer hall in the said property without obtaining the permit from the Panchayat and the competent authorities. This Court, while admitting the writ petition, vide interim order dated 8.6.2017, directed the Sub Inspector of Police, Pookottumpadam Police Sation, Malappuram District to ensure that no religious practices are carried out in the subject property, if the building is constructed without permission from the appropriate authorities, as provided in the proviso to Rule 7(8) of the Kerala Panchyat Building Rules, 2011.

3. It is pertinent to mention here the permit was issued for construction of two storied commercial building. On the basis of the reluctance from the Panchayat to issue occupancy certificate because of the pendency of the writ petition, ibid, the erstwhile owners of the property approached this court by preferring writ petition No.39075 of 2017. Both the aforementioned writ petitions came up for consideration before this Court where the WP(C) No.18986 of 2017 was dismissed as infructuous and WP(C) No.39075 of 2017 was disposed of vide order dated 9.1.2018 with the following directions:

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1. The 2^nd respondent shall consider the application submitted by the petitioners for allocation of a building number as also the issuance of occupancy certificate, within a period of three weeks from the date of receipt of copy of this judgment, after hearing the petitioners, and the petitioner in W.P. (C).No.18986/2017. I make it clear that the 2nd respondent shall ascertain the proposed use to which the petitioners intend to put the building to, before issuing any occupancy certificate to the petitioners.

2. The 2^nd respondent shall issue notice to the petitioners and the petitioner in W.P. (C).No.18986/2017 informing them of the date of hearing in connection with the consideration of the application for building number/ occupancy certificate. On the date of hearing, it will be open to the petitioners in the present writ petition as also the petitioner in W.P.(C).No.18986/2017 to raise all contentions/objections in the matter before the 2nd respondent.

3. The petitioners shall produce copy of the writ petition together with the copy of the judgment before the 2^nd respondent, for further action.

4. Accordingly, the Panchayat Secretary, after having heard the parties and taking on account Ext.P7 undertaking dated 7.3.2018 submitted by the erstwhile owne