Kerala High Court
Abdulla Mekkarumban vs State Of Kerala Rep By Its Secretary To ... on 5 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 5669 OF 2024
PETITIONERS:
1 ABDULLA MEKKARUMBAN,
AGED 64 YEARS,
S/O HASSAN, MEKKARUMBAN HOUSE, KOORIYAD, INDIANOOR P.O,
KOTTAKKAL VIA MALAPPURAM DISTRICT, PIN - 676 503.
2 KUNNAKKADAN UMMER MUSLIYAR,
AGED 61 YEARS,
S/O HASSAN JAMALUDHEEN MUSLAR, VILLUR DESOM, INDIANOOR
AMSOM P.O INDIANOOR, TIRUR TALUK, MALAPPURAM DISTRICT,
PIN - 676 503.
BY ADV K.MUHAMMED SALAHUDHEEN
RESPONDENTS:
1 STATE OF KERALA, REP BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 DISTRICT COLLECTOR,
MALAPPURAM CIVIL STATION, MALAPPURAM DISTRICT,
PIN - 676 505.
3 PONMALA GRAMAPANJAYATH REP BY ITS SECRETORY,
CHAPPANGADI P.0., MALAPPURAM DISTRICT, PIN - 676 528.
4 THE VILLAGE OFFICER
PONMALA VILLAGE, CHAPPANGADI P.O.,
MALAPPURAM DISTRICT, PIN - 676 528.
5 PARAMBIL MOHAMMED SHAFI,
S/O ABOOBACKER MASTER, KOORIYAD INDOOR P.O., KOTTAKKAL
VIA MALAPPPURAM DISTRICT, PIN - 676 503.
6 A P ABDUL KHADER MOULAVI [DELETED]*
S/O SAINUDHEEN GENERAL SECRETARY KERALA NADHUVATHUL
MUJAHIDHEEN (REG NO. 2/1957) PATHAPIRIYAM P.O ERANAD
THALUK MALAPPURAM DIST . (DIED) AND THE NADHUVATHUL
MUJAHIDHEEN IS PRESENTLY REP. BY R7 P. UNEENKUTTY
MOULAVI ITS PRESENT GENERAL SECRETARY, PIN - 676123
*IS DELETED AS PER THE JUDGMENT DATED 05.06.2024 IN W.P.
(C)NO.5669/2024.
7 KERALA NADHUVATHUL MUJAHIDHEEN (REG NO. 2/1957) CD TOWER
MUJAHID CENTER, ARAYADATHUPALAM KOZHIKODE, REP BY ITS
PRESENT GENERAL SECRETARY P. UNEENKUTTY MOULAVI,
PIN - 673004.
WP(C) NO. 5669 OF 2024
2
8 P. ABDUL GAFOOR,
SECRETARY KERALA NADHUVATHUL MUJAHIDHEEN
KOORIYAD UNIT (K.N.M INDIANOOR P.O, KOTTAKKAL
VIA MALAPPURAM DISTRICT, PIN - 676503).
BY ADVS.
MAYANKUTTY MATHER K.I
T.K.SREEKALA(K/000246/1987)
S.PARVATHI(K/000823/2015)
KALLIYANI KRISHNA B.(K/000466/2019)
ATHIRA PRASAD(K/1450/2020)
ANAND GEO(K/2561/2023)
SMT. THUSHARA JAMES (SR GP),
SRI. V V ASHOKAN SR. (FOR R5, R7 AND R8)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5669 OF 2024
3
JUDGMENT
Petitioners have filed this writ petition challenging Ext.P18
order issued by the District Collector, Malappuram permitting
respondent No.8 to carry out plastering, painting and tiling work
in a mosque (known as Salafi Masjid), which is situated in
Sy.No.24/1 of Ponmala Village in Tirur Taluk of Malappuram
District. According to the petitioners, they are believers and
followers of the Sunni Faith in the Muslim Community and are
opposed to the belief's and practices of the Mujahid Group of the
Muslim Community. It is stated that the petitioners had earlier
approached this Court by filing two writ petitions, namely W.P.
(C)No.30036 of 2018 and W.P.(C)No.11724 of 2018 filed by the 1 st
and 2nd petitioners respectively alleging illegal construction of a
mosque / prayer hall upon the property in question. It is stated
that the District Collector had earlier considered the matter in
terms of the provisions contained in the Manual of Guidelines to
Prevent and Control Disturbances and to Promote Communal
Harmony 2005 [which is on record as Ext.P16] and had issued
Ext.P6 order dated 22.11.2013 directing status quo to be
maintained. It is stated that though the prayer hall / mosque was
WP(C) NO. 5669 OF 2024
constructed, it was not plastered or painted owing to the order of
status quo dated 22.11.2013. It is stated that after about 9 years,
when the party respondents started repair work on the building,
the Panchayat issued a stop memo. It is submitted that thereafter
the party respondents approached the District Collector, who
issued Ext.P18 order permitting the plastering, painting and tiling
of the building in question. It is submitted that the said order is
clearly illegal and without following the procedure set out in
Ext.P16 manual. The learned counsel for the petitioners also
submitted with reference to Ext.P2 building permit that the
building permit was transferred in the name of the 6 th respondent
even before the 6th respondent had obtained title over the property.
It is submitted that in the said circumstances, the building can
only be stated to be illegally constructed and the Collector could
not have granted Ext.P18 permission for plastering, painting and
tiling of the building in question.
2. Sri.V.V.Ashokan, the learned Senior Counsel appears
for respondents 5, 7 and 8 on the instructions of Adv.S.Parvathy.
He states that the 6th respondent is no more. It is submitted that
the transfer of the building permit was only on 07.08.2012 after
the property was purchased by the 6th respondent, as is evident
WP(C) NO. 5669 OF 2024
from Ext.P4 itself. It is submitted that after the coming into force
of the Kerala Panchayat Building Rules, 2019, there is no
restriction like the one contained in Rule 7(8A) of the Kerala
Panchayat Building Rules, 2011. It is submitted that the building in
question has been admittedly functioning as a mosque for the last
more than 11 years and therefore, a permission granted to plaster
and paint the said building would not require any permission as
contemplated in the provisions of the manual. It is submitted that
the permission of the Collector became necessary only on account
of the fact that in Ext.P6 order, the Collector had imposed an order
of status quo. It is submitted that such a condition in Ext.P6 was
not legal or proper.
Having heard the learned counsel for the petitioners, the
learned Government Pleader and the learned Senior Counsel
appearing for respondents 5, 7 and 8, I am of the opinion that the
petitioners are not entitled to any relief in the present writ
petition. It is clear from a reading of Ext.P18 order that the only
permission granted is to plaster, paint and lay tiles in a building,
which is admittedly being used as a mosque for the last more than
10 years. Obviously, such a permission was necessitated only on
account of the fact that in Ext.P6 order, the Collector had imposed
WP(C) NO. 5669 OF 2024
a status quo, which did not prevent the use of the building as a
place of religious worship. The granting of permission to plaster
and paint an existing building without in any manner extending or
modifying the structure cannot be said to be an order issued in
violation of Ext.P16 manual. Registry shall delete the name of the
6th respondent as it is reported that he is no more.
Therefore, the writ petition fails and it is accordingly
dismissed. The party respondents shall ensure that in the guise of
painting and plastering the existing building no other alteration or
modification shall be effected.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 5669 OF 2024
APPENDIX OF WP(C) 5669/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR, MALAPPURAM DATED
27.01.2011
Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT
ISSUED BY R3 TO R5 DATED 22.02.2011
Exhibit P3 A TRUE COPY OF THE REQUEST MADE BEFORE
R3 BY R6 (ABDUL KHADHER MOULAVI DATED
06.09.2012
Exhibit P4 A TRUE COPY OF THE BUILDING PERMIT
ISSUED BY R3 TO R6 DATED 22.11.2011
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.2799/2013 ON THE FILES OF THIS
HON'BLE COURT DATED 19.6.2013
Exhibit P6 A TRUE COPY OF THE ORDER PASSED BY R2
DATED 22.11.13
Exhibit P7 A TRUE COPY OF THE REPLY DATED
19.01.2016 SENT BY PUBLIC INFORMATION
OFFICER AND SENIOR SUPERINTENDENT
INSPECTION AND AUDIT, COLLECTORATE
MALAPPURAM
Exhibit P8 A TRUE COPY OF THE REPLY DATED
03.06.2013 OF THE PUBLIC INFORMATION
OFFICER AND SENIOR SUPERINTENDENT
(INSPECTION SECTION) COLLECTORATE
MALAPPURAM
Exhibit P9 A TRUE COPY OF THE REPLY SUBMITTED BY
THE VILLAGE OFFICER TO TAHASILDAR
TIRUR DATED 27.06.2016
Exhibit P10 A TRUE COPY OF THE COMPLAINT PREFERRED
BY 2ND PETITIONER HEREIN AGAINST R8 IN
RESPECT OF HIS VIOLATION OF THE STATUS
QUO ORDER DATED 17-12-2022
Exhibit P11 A TRUE COPY OF THE DIRECTION ISSUED BY
R2 TO R3 DATED 23.01.2023
Exhibit P12 A TRUE COPY OF NOTICE ISSUED BY R3 TO
R8 DATED 19-12-2022
Exhibit P13 A TRUE COPY OF THE MERCY LETTER DATED
20-12-2022 SENT BY R8 TO R3
Exhibit P14 A TRUE COPY OF APPLICATION FILED BY R8
DATED 20-12-2022 BEFORE R2
Exhibit P15 A TRUE COPY OF REPORT ISSUED BY R3 TO
R2 DATED 01-3-2023
WP(C) NO. 5669 OF 2024
Exhibit P16 A TRUE COPY OF THE MANUAL OF GUIDELINE
TO PREVENT AND CONTROL COMMUNAL
DISTURBANCES AND TO PROMOTE COMMUNAL
HARMONY-2005
Exhibit P17 A TRUE COPY OF THE REPLY LETTER ISSUED
BY SAYED ALI, OFFICER AND SENIOR
SUPERINTENDENT OF RIGHT TO INFORMATION
ACT TO THE PETITIONER DATED 03-06-2013
Exhibit P18 THE ORDER OF THE DISTRICT COLLECTOR,
MALAPPURAM (R2) ON 31.10.2023
RESPONDENT EXHIBITS
Ext.R8(a) TRUE COPY OF THE FORWARDING LETTER OF
THE 3RD RESPONDENT DATED 7.12.2010
Ext.R8(b) TRUE COPY OF THE SOLEMN AFFIRMATION
GIVEN BY THE 5TH RESPONDENT BEFORE THE
PANCHAYATH DATED 16.2.2011
Ext.R8(c) TRUE COPY OF THE SAID SALE DEED -
DOCUMENT NO. 1316/2012 OF MALAPPURAM
SUB REGISTRY OFFICE DATED 6.3.2012
Ext.R8(d) TRUE COPY OF JUDGMENT OF THIS
HONOURABLE COURT DATED 18.1.2022 IN
W.P.(C) NO. 12767 OF 2021
