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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, P. V. Balakrishnan, JJ
Noorul Islam Samskarika Sangam Thottekkad, Amarambalam, Represented By Its Secretary Farhan K.T. – Appellant
Versus
District Collector, Malappuram – Respondent
| Table of Content |
|---|
| 1. building use and occupancy certificate issues (Para 2 , 3 , 5) |
| 2. regulatory framework for religious buildings (Para 4 , 7) |
| 3. fundamental right to religious practices (Para 6) |
| 4. judicial review limitations and district authority powers (Para 8 , 9) |
| 5. rejection of application for building permit (Para 10) |
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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
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.
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....
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....
Prior District Collector approval mandatory for buildings intended for public worship or religious purposes under building rules.
The rejection of a religious place application based on communal opposition violates Articles 25 and 26, emphasizing the need for secularism and religious freedom.
The central legal point established in the judgment is the requirement of prior approval from the Collector for construction of a building for public worship, as per Rule 26 of the A.P.Gram Panchayat....
The court upheld that while Local Self Government Institutions can approve religious constructions, essential sovereign functions like maintaining public order cannot be delegated from the District A....
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