IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 17^TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946 WP(C) NO. 39032 OF 2015 PETITIONER:

ISLAHUL MUSLIMEEN JAMAATH AGED 66 YEARS REG.NO. 104/59, KOZHIKODE, SVM P.O., KARUNAGAPPALLY, KOLLAM, REPRESENTED BY ITS SECRETARY, K.SALIM.

BY ADVS.

SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE RESPONDENTS:

1 KARUNAGAPPALLY GRAMA PANCHAYAT KARUNAGAPPALLY-690518, REPRESENTED BY ITS SECRETARY.

2 THE SECRETARY KARUNAGAPPALLY MUNICIPALITY, KARUNAGAPPALLY-

690518.

3 THE DISTRICT COLLECTOR KOLLAM-691001.

4 THE REVENUE DIVISIONAL OFFICER KOLLAM-691001.

5 KERALA NADUVATHUL MUJAHIDEEN KARUNAGAPPALLY UNIT, KOLLAM, REPRESENTED BY ITS SECRETARY-690518.

6 IBRHAIMKUTTY S/O. HYDROSEKUNJU, MAZHAMPLETHPUTHANVEEDU, S.V.M.P.O., KOZHIKODE, KARUNAGAPPALLY, KOLLAM-690518. 7 A.BASHEER KATTOOR HOUSE, S.V.M.P.O., KOZHIKODE, KARUNAGAPPALLY, KOLLAM-690518.

BY ADVS.

SRI.M.R.SASITH SRI.K.I.MAYANKUTTY MATHER SRI.P.RAHUL SRI.BINOY DAVIS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

(Dated this the 17^th day of January, 2025)

The writ petition is preferred challenging Ext.P4 order passed by the District Collector permitting respondents 5, 6 and 7 to utilize the building for their religious purpose.

2. The petitioner herein is an organization of Muslim community which has its own Bye-laws, approved by the Samastha Kerala Jamiyyathul Ulama, in which it is stated that, as per Bye-laws, no other Jama-Ath shall be started or prayers be conducted in addition to the petitioner Jama-Ath.

3. It is the case of the petitioner that, the 6^th respondent came to the locality and started propagating a different ideology among the local Muslims. The petitioner claims that what is professed and propagated by them and their faction is the true Islam. The 6^th respondent and his accomplices, tried to project the religious practices of the petitioners as unholy and against the tenets of true Islam. Thereafter, the 6^th respondent had started a unit of Kerala Naduvathul Mujahideen in the locality and has been working as its Secretary for the past several years.

4. It is further stated that, law and order issues erupted in the area in connection with the opening of a ‘Salafi Centre’ in the month of October 2004. However, the police interrupted and took care of the situation that was occurred on 10.10.2004. Even on 11.10.2004, the issue arose again. But by the timely interference, no untoward incidents happened.

5. It is further alleged that, attempt on the part of the 6^th respondent was to open the building as a Sala Centre or library and later under the guise of such Salafi Centre is using the same as a Mosque. However, in view of the continuing clashes, persisting law and order situation and also due to the pressure from the authorities, the 6^th respondent and his followers withdrew from the said attempt for the time being.

6. Again in the year 2007-2008, the dispute arose with more vigor. By the time, the 6^th respondent had constructed a building in the name and style ‘Salafi Centre’. The building had been provided with domes and sound system. The 6^th respondent and his followers had been offering prayers in the building and the 6th respondent had converted the hall in the building which was being projected as library, but actually the same was provided with an altar, podium and sound system. It says, it is having the peculiar nature of a Mosque. When the petitioner approached the Panchayath, it is allegedly revealed to the petitioner that, the panchayath had not issued any building permit to construct or use the building as a Mosque and in the information provided by the Panchayath, it appears that, the 6^th respondent had only been granted with the permit to construct an office building. It is argued that, in Ext.P2, the word ‘worship centre’ is specifically striken off. However, the 6^th respondent is using the building as a