Seventh Day Adventist Church vs State Of Kerala

Kerala High Court

Seventh Day Adventist Church vs State Of Kerala on 20 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                     WP(C) NO. 8647 OF 2021
PETITIONER/S:

           SEVENTH DAY ADVENTIST CHURCH
           SOUTH KERALA SECTION OF SEVENTH DAY ADVENTISTS,
           POST BOX NO.804, KOUDIAR P.O., THIRUVANANTHAPURAM,
           PIN-695 003, REPRESENTED BY ITS EXECUTIVE
           SECRETARY, S.EDWIN JNANA DAVID
           BY ADVS.
           T.K.VIPINDAS
           SRI.K.V.SREE VINAYAKAN
RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY, HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM,PIN-690 001
    2      THE DISTRICT COLLECTOR,
           2ND FLOOR, CIVIL STATION BUILDINGS, KUDAPPANAKUNNU,
           THIRUVANANTHAPURAM,PIN-695 043
    3      SUB DIVISIONAL MAGISTRATE, RDO,
           NEDUMANGAD, THIRUVANANTHAPURAM,PIN-695 541
    4      DISTRICT POLICE CHIEF (RURAL),
           OFFICE OF DISTRICT POLICE CHIEF (RURAL),
           THIRUVANANTHAPURAM, PIN-695 033
    5      VEMBAYAM GRAMA PANCHAYAT,
           REPRESENTED BY ITS SECRETARY, VETTINAD, KOCHIRA
           P.O., THIRUVANANTHAPURAM,PIN-695 615
    6      SECRETARY,
           VEMBAYAM GRAMA PANCHAYAT, VETTINAD, KOCHIRA P.O.,
           THIRUVANANTHAPURAM,PIN-695 615
    7      VILLAGE OFFICER,
           VEMBAYAM, KOCHIRA P.O., THIRUVANANTHAPURAM,PIN-695
           615

           BY SR. G.P. SRI. V.MANU.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       2
WPC 8647 OF 2021




                                JUDGMENT

The petitioner submitted an application dated 29.05.2018 for the reconstruction of the church building having a plinth area of 96.2 square meters before the 5 th respondent Panchayat. The 6th respondent, the Secretary of the Panchayat, forwarded the application to the 2nd respondent District Collector for NOC under Rule 7(8A) of the Kerala Panchayat Building Rules, 2011. Rule 7(8A) of the Kerala Panchayat Building Rules, 2011 reads as follows:

"7(8A). In the case of construction of new building or reconstruction for religious purpose or worship, prior approval or clearance or permission or concurrence, as the case may be, of the District Collector concerned, shall be obtained and the conditions stipulated in the 'Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony' which is in force be complied with. Applications for renovations without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of 3 WPC 8647 OF 2021 worship may be considered by the Secretary after informing the District Collector in the Form as provided in Appendix- N, duly filled in by the applicant and verified by the Secretary. However, the permit shall be issued only after the receipt of the concurrence of the District Collector."

According to the petitioner, 'Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony' referred to in the Rules has been amended by Ext. P4 Government Order dated 14.02.2021 and as per the amendment brought out to the Manual of Guidelines, for the construction of buildings for religious worship, it is provided that instead of prior approval from the District Collector, prior approval from the Local Self Government Institution would be sufficient. Accordingly, the petitioner has filed this writ petition for direction to respondents 5 and 6 to proceed under Ext. P4 Government Order and process the application for building permit and to declare that in the light of Ext. P4 G.O, prior approval of the District Collector is no longer required for passing orders on the application for building permit in case of 4 WPC 8647 OF 2021 construction of building for religious purposes.

2. This writ petition was heard along with W.P. (C) No. 11776 of 2021 which is disposed of today by separate judgment wherein the challenge to Ext. P4 Government Order is negatived. Pursuant to the interim order dated 19.07.2021 passed in this case, the District Collector has granted NOC to the petitioner for reconstruction of the Church. Therefore, this writ petition is disposed of directing respondents 5 and 6 to take the application of the petitioner for reconstruction of the church building to a logical conclusion in accordance with law, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of the judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WPC 8647 OF 2021 APPENDIX OF WP(C) 8647/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.09.2020 ISSUED BY THE 7TH RESPONDENT FOR THE YEAR 2020-21 EXHIBIT P2 TRUE COPY OF THE LETTER DATED 24.01.2019 BEARING NO.A4/3737/18 ISSUED BY THE 6TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENTS NO.3 AND 4 EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 14.02.2021 BEARING G.O(P) NO.19/2021/HOME