The court established that significant alterations to a structure preclude it from being classified as a protected monument under relevant historical preservation laws.

JUDGMENT

Vinod Chandran, J.

Both the writ petitions are concerned with the Cheraman Juma Masjid; the renovation to the original Masjid as also the new structure constructed adjacent to the original one.

2. W.P(C) No.34963 of 2019 is filed by two members of the Mahallu and the prayers sought for are for certiorari to set aside the various sanctions and permissions obtained by the Mahallu Committee, restrain the Committee from constructing any structure or carrying on mining activities in the property without licenses under the Rules framed under the Mines and Minerals (Development and Regulation) Act, 1957, changing the structure of the Masjid as it existed and for declaration of the Masjid as a 'protected monument' under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

3. W.P(C) No.15103 of 2020 is filed by a self proclaimed social worker and political activist interested in preserving the cultural heritage of the nation and protecting the cultural legacy of Islam in India. The prayers made are again to interfere with the construction proceeded with in the site of the Masjid and to declare it as a 'protected monument' under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1968.

4. Learned Counsel for the petitioners argued that the Masjid has a history dating back to the 11th Century, which is liable to be declared as an 'ancient monument' either under the Central Act or the State Act. The petitioners in W.P(C) No.34963 of 2019 contend that the sanction accorded by the District Collector under the Manual of Guidelines is for renovation and repair and not for a new construction of a Mosque. The permission granted is also prior to the permit issued by the local authority. The construction activities now in progress are also said to be in lands, the survey numbers of which have not been indicated in the various permissions and sanctions. There is no development permit under Rule 30 of the Kerala Municipality Building Rules and the Mahallu Committee does not have a clearance from the Kerala State Pollution Control Board. The construction of the underground mosque will have damaging effect on the original mosque and the excavation of earth is without getting permission from the Mining and Geology Department. The learned Counsel appearing for the petitioner in the other writ petition, W.P(C) No.15013 of 2020, asserted locus standi with reference to the definition of 'interested person' under the Wakf Act, 1995 . It is argued on the basis of the provisions of the State Act that the Masjid is liable to be declared as a 'protected monument' and the State authorities have never attempted to examine the issue at all. The learned Counsel submits that if the prayer to declare the Masjid as a protected monument cannot be permitted, at least the prayer for consideration by the State authorities under the Act of 1968 has to be allowed.

5. We are of the opinion that the petitioner in W.P(C) No.15013 of 2020 cannot claim locus standi on the basis of the definition of interested person in the Wakf Act. The cause agitated here, for declaration of the mosque as a protected monument, is not an issue possible of determination by the authorities under the Wakf Act. Considering only the fact that the other writ petition also seeks a similar relief, we do not non-suit the petitioner in W.P(C) No.15013 of 2020.

6. The learned Counsel appearing for the Mahallu Committee relies on the various permissions and sanctions produced along with the counter affidavit. It is argued that the mosque was reconstructed and renovated several times and this itself excludes it from being considered as a 'protected monument'; though the history of the establishment relates to centuries back. It is specifically pointed out that the writ petitions are filed on the mistaken belief that the construction carried out by the Mahallu Committee is with respect to the Cheraman Juma Masjid. In fact, the renovation of the Cheraman Juma Masjid is c