ORDER :

P.T. Asha, J.

This writ petition has been filed to call for the records from the First Respondent in so far as it relates to his proceedings in Na.Ka. C-1/01086/2023 dated 08.12.2023 and Quash the said order and forbear the Respondent their men, agents, and subordinates or any one acting on their behalf from in any manner interfering with the Petitioners carrying out Expansion/re-construction and renovation of the Mosque Building Known as Ahalay Sunnath Jamath Mullah Masjid in Mulla Street, in R.S.No. 453/26(Old) and R.S.No. 803/2,3,4,5,6(New) in Elavanasur kottai village and post, Ulundurpet Taluk, Kallakurichi District in pursuant to the Planning permission issued by Pidagam panchayat dated 28.01.2022 and clarification issued by the government of Tamilnadu in its letter dated 07/03/2024.

2.It is the case of the petitioner that the issue relates to the Mosque known as ‘Ahalay Sunnath Jamath Mullah Masjid’ in Mulla Street, in R.S.No.453/26 (old) and R.S.No.803/2,3,4,5,6 (New) in Elavanasurkottai Village and post, Ulundurpet Taluk, Kallakurichi District. The petitioner would submit that this Mosque was functioning for over 100 years. Originally, the mosque was a thatched shed and over the years, with a contribution of the Jamathdars, improvements were made and a regular construction was made after obtaining necessary permission from the authorities.

2.1.It is the case of the petitioner that the Mosque is administered by a committee headed by Muthavalli who has been duly elected in a General Body. As on date, there are over 500 worshippers who constitute the General Body and for the last six decades, the management has passed on through 10 Mutavalli’s elected in the General Body annually. The petitioner would submit that one Abdul Samath and his brother Abdul Sadiq who is the father of the third respondent and others have been Mutavalli before 1986. Thereafter, one Rahmathullah was elected as Mutavalli and he had relinquished office on account of his failing health.

2.2.Thereafter, the third respondent was elected as Muthavalli in 2013 and continued in office till 2015. It is the contention of the petitioner that when the third respondent wanted to be the Mutavalli in 2013, the General Body was skeptical on account of his past conduct. Further, the petitioner had prevailed upon the General Body and the third respondent was elected as Mutavalli in the year 2013. Thereafter, his entire attitude and conduct had changed and he started manipulating the records and illegally transferring the properties of the Mosque in his name and in the name of his relatives. Apart from that, he had illegally carried out siphoning of funds. The third respondent further contended that the Mosque is a private property and that he is the hereditary Mutavalli. When these acts were brought to the notice of the Jamathdars, proper action was taken to restore the patta and revenue records in the name of Mutavalli and the third respondent was removed from the Mutavalli post. 2.3.Subsequently, one Jahirullah Khan and thereafter, one Syed Hameed were elected as Mutavallis and they continued to deal with the same. As against the restoration of the revenue records, the petitioner had filed a writ petition in W.P.No.27992 of 2015. This writ petition was disposed of directing the revenue officials to maintain the entries as it existed in the year 2013.

2.4.Thereafter, due to heavy rain and floods, the Mosque developed cracks and was becoming unfit for human habitation and that apart, there was a space crunch owing to heavy footfall. Therefore, the General Body had unanimously decided to alter the existing structure and re-construct the Mosque. They had therefore, applied to the Pidagam Panchayat for alteration/demolition and reconstruction with all the requisite papers, plan and charges. By an order dated 22.01.2022, permission was granted by the said Panchayat, taking into consideration the fact that the Mosque has been in existence for over 100 years.

2.5.The p