Kerala High Court
Sunil M.G. @ Ramayyan Swami vs Santhosh V.N on 16 August, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WA NO. 1124 OF 2022
AGAINST THE JUDGMENT IN WP(C) 28424/2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 6 & 7:
1 SUNIL M.G. @ RAMAYYAN SWAMI,
MURIKKUMPURATH HOUSE, MANAKKAD POST,
THODUPUZHA, IDUKKI DISTRICT, PINCODE-685 608.
2 SUDHA SUNIL,
MURIKKUMPURATH HOUSE, MANAKKAD POST,
THODUPUZHA,IDUKKI DISTRICT, PINCODE- 685 608.
BY ADVS.
SREEJITH S.NAIR
BINCY JOSE
ANAND V. KUMAR
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 5:
1 SANTHOSH V.N.,
AGED 43 YEARS, S/O KUNJU,
VAZHATHANDEL HOUSE, MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE-685 608.
2 JANISH V.N,
AGED 46 YEARS, S/O KUNJU,
VAZHATHANDEL HOUSE, MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE-685 608.
3 PRASAD T.P,
AGED 45 YEARS, S/O PARAMESWARAN,
THAKIDIPURATH HOUSE, MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE- 685 608.
4 NARAYANA UNNI,
AGED 81 YEARS, S/O NARAYANA UNNI,
VARAPURATH MADOM, MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE- 685 608.
W.A.No.1124 of 2022
2
5 PRAYAG GOPI,
AGED 37 YEARS, S/O GOPI,
MUNDUNADAYIL HOUSE, KALAYANTHANI, ALAKODE,
CHILAVU, IDUKKI DISTRICT, PIN CODE- 685 588.
6 CHITRA C,
AGED 37 YEARS, W/O PRAMOD M.R,
MURIKKUMPURATH HOUSE, MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE-685 584.
7 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
KUYILIMALA, PAINAVU POST,
IDUKKI DISTRICT, PIN CODE 685 603.
8 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
CIVIL STATION, KUYILIMALA, PAINAVU POST,
IDUKKI DISTRICT, PIN CODE 685 603.
9 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
IDUKKI, IDUKKI TOWNSHIP, IDUKKI DISTRICT,
PIN CODE- 685 603.
10 THE INSPECTOR STATION HOUSE OFFICER,
JANAMAITHRI POLICE STATION,
THODUPUZHA TOWN ROAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE- 685 584.
11 THE MANAKKAD GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
MANAKKAD, THODUPUZHA,
IDUKKI DISTRICT, PIN CODE- 685 608.
ADV.SRI.M.H.HANIL KUMAR
SRI.K.P.HARISH, SR. G.P.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1124 of 2022
3
JUDGMENT
Dated this the 16th day of August, 2022 S.Manikumar, C.J.
Before the writ court, petitioners/respondents 1 to 6 herein sought for the following reliefs:
"I. Issue a writ in the nature of Mandamus or appropriate writ order or direction to the 1st respondent to take necessary and urgent steps to remove the illegal activities conducted by respondents 6 and 7 and to ensure peaceful living, maintain public tranquility and social harmony in the locality by interfering with the illegalities committed by respondents 6 and 7 under the pretext of religious adherence.
II. Issue a writ in the nature of Mandamus to the 5 th respondent Grama Panchayat to demolish the building/structure constructed illegally by respondents 6 and 7 in the property in re-survey number 134/8 of Manakkad Village, Thodupuzha Taluk, in violation of Exhibit P2 orders of the 1 st respondent on their application.
III. Issue a writ in the nature of Mandamus to respondents no.2 and 4 to ensure that the law and order be maintained in the locality wherein the petitioners and respondents 6 and 7 resides and also direct the authority to ensure that no activities W.A.No.1124 of 2022 4 which are prevented by law are being conducted by respondents 6 and 7 under the pretext of religious adherence.
IV. Issue a writ in the nature of direction to the 1st respondent to take up Exhibit P4 complaint preferred by the petitioners and pass appropriate orders on the same on the basis of Exhibit P2 proceedings of the 1st respondent."
2. Short facts leading to the filing of the writ petition are as hereunder:
2.1. The petitioners are the residents of Manakkad Grama Panchayat of Idukki District. Respondents 6 and 7, who are husband and wife, are neighbours and nearby residents of the petitioners herein and are residing in the property in re-
survey number 134/8 of Manakkad Village, Thodupuzha Taluk of Idukki District. Respondents 6 and 7 are persons who are engaged in black magic and witchcraft. Though the Government had enacted legislation and also taken initiatives to dissuade people from carrying out animal sacrifices under the pretext of religious adherence, respondents 6 and 7 are carrying out animal sacrifices under the pretext of religious W.A.No.1124 of 2022 5 adherence. The 6th respondent is also a person who claims to be a swami and godman who talks about future, money, prediction and performs poojas and homams claiming cure of diseases where medical science has failed.
2.2. Facts being so, the 7th respondent, who is the wife of the 6th respondent, submitted an application before the Manakkad Grama Panchayat seeking permission to construct a building for religious purpose. Since the application pertains to the construction of a building for religious purpose, the Secretary of the 5th respondent Grama panchayat forwarded it to the office of the District Collector. The District Collector had caused enquiries on the application through respondents 2 and 3 and reports were also obtained from the said authorities. It is understood that both the authorities submitted adverse reports taking note of the objections raised by the nearby residents in granting permission to respondents 6 and 7 for the construction of such a building. Based on the reports, the District Collector, by way of proceedings dated 16.03.2021, rejected the application W.A.No.1124 of 2022 6 submitted by the 7th respondent.
2.3. A glance at Exhibit P2 would reveal that respondents 6 and 7 are carrying out animal sacrifices under the pretext of religious adherence and the sounds and cries at the time of such practices are causing fear, disturbance and apprehension to the nearby residents and also causing serious threat to the tranquillity of the locality. The District Police Chief had also reported to the extent that such acts of respondents 6 and 7 would eventually lead to law-and-order situations in the locale which is stated explicitly in Exhibit P2.
2.4. Though by way of Exhibit P2, the District Collector had rejected the application, respondents 6 and 7, in total disregard to the above proceedings and orders of the authorities, continued with the construction of the structure and the said structure is nearing completion and animal sacrifices are being held there without any sort of hindrance. The activities of the party respondents are causing law and order problems in the neighbourhood and also disturbing the public peace.
W.A.No.1124 of 20227
3. Appellants/respondents 6 and 7 in the writ petition, filed a detailed counter affidavit opposing the prayers sought for. Relevant portions of the same are reproduced:
"3. It is respectfully submitted that in the allegation in the writ petition that respondent No. 6 and 7 are engaged in black magic and witchcraft is absolutely false and therefore it is hereby denied. The respondent 6 and 7 have not carrying out any animal sacrifices under the pretext of religious adherence. The 7 th respondent herein is an Anganvadi teacher. 6th respondent is an astrologer and he is doing Poojas and adorations under the Hindu rituals. The respondents 6 and 7 are belongs to Pulaya community. The petitioners herein are belongs to Nair community. The 4th petitioner herein who is a trust member of Narasimha temple situated near by the residence of the petitioners as well as the 6th and 7th respondent.
4. The 6th respondent had got astrology skill by hereditary. The 7th respondent had recently purchased 8 cents of property from 1st petitioner's uncle and demolished and residential building and constructed a small hut for adoring Hindu rituals and also doing astrology works at that property. The property which the 7 th respondent had purchased had well bounded with compound wall having 7 feet height from the properties of 1 to 4 to avoid the disturbance from the neighbouring properties. Now several enquiries are coming to 6th respondent for W.A.No.1124 of 2022 8 his profession. Due to that jealousy, the petitioners are always making complaint against respondents 6 and 7.
5. It is respectfully submitted that the 7 th respondent had submitted a building permit application before the 5 th respondent for starting a prayer hall having total built- up area of 10.52 sq. meter including the toilet. The petitioner had made complaint before the respondents 1 to 5 for rejecting of the building permit application. Finally the building permit application has been rejected by the 5th respondent Panchayath by way of order dated 07/09/2021. Against that order the 7th respondent had filed appeal before the Tribunal for Local Self Government Institutions by way of Appeal No. 481/2021 and the same is admitted by the tribunal and the case is posted on 18/02/2022.
6. It is respectfully submitted that the allegations made in paragraph number 3 is not correct and hence denied. The respondents 6 and 7 are not the members of Narasimsha Nagar residence association. Hence the allegation in exhibit P1 is not binding respondent 6 and
7. Against exhibit P2 the appeal is pending before the Tribunal for Local Self Government Institutions. The allegations in paragraph 5 is totally false. The respondent 6 and 7 are not carrying out any animal sacrifices under the pretext of religious adherence and the sounds and cries at the time of such practices which causing fear, disturbance and apprehension to the nearby residence which creates tranquillity of the locality. The respondent 6 and 7 are not violating any W.A.No.1124 of 2022 9 law and order situation in the locality.
7. The only intention behind this writ petition is to stop the astrology works which the 6th respondent is doing. The 6th respondent is residing in that locality from his birth onwards. He got the astrology skills by hereditary. Several enquiries are coming from the outside people and they are coming for getting instructions under the astrology. The petitioners are apprehended that the respondent 6 and 7 will construct a temple for the Pulaya community which is inferior to the cast of the petitioners.
8. Even if any illegal construction is made by these respondents is accordance with the building rules. There is no permanent construction is made out. If any construction is made without sanction, the 7 th respondent is ready to file application to regularise the construction which is made out in the property and ready to pay the fine amount which is demanded by the 5th respondent.
9. There is no breach of tranquillity in the locality from these respondents. There is no illegal slaughtering an animal under the pretext of religious adherence. These respondents are not engaged in black magic and witchcraft animal slaughtering under the pretext of religious adherence. The allegations against these respondents raised by these petitioners are serious in nature. The petitioners only intention is to forcefully evict these respondents from there locality only because these respondents belong to a scheduled caste W.A.No.1124 of 2022 10 community. The petitioners are making breach of tranquillity and harmonious life of the respondent number 6 and 7. Hence the allegations in the writ petition are totally false and the same will clearly reveal that the respondent 6 and 7 and the family members are to be forcefully evict from the locality of the petitioners."
4. Adverting to the rival submissions and the material on record, writ court, vide judgment in W.P.(C)No.28424 of 2021 dated 15.06.2022, disposed of the writ petition by issuing the following directions:
"i. There will be a direction to respondents 1, 2, 4 and 5 to demolish all illegal constructions which is against Ext.P2 order forthwith, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
ii. The 1st respondent will get a report from respondents 4 and 5 about the structure in Ext.P3(3). The 1st respondent after getting the report, will give an opportunity of hearing to the petitioners and respondents 6 and 7. Thereafter, if the construction is without permit, the same also should be demolished, within one month.
iii. Respondents 6 and 7 are free to raise all the contentions before the 1st respondent including his contention that no permit is necessary for Ext.P3(3).W.A.No.1124 of 2022 11
iv. The petitioners will produce a copy of this writ petition (along with exhibits) and the certified copy of this judgment before the 1st respondent for compliance."
5. Assailing the correctness of the above said judgment, instant writ appeal is filed inter alia on the following grounds:
A. The learned single judge ought to have considered the fact that the respondent No.7 and other concerned authorities have not given the appellants an opportunity of hearing at any stage of the enquiry to establish their case before passing Exhibit P2, which is a clear case of violation of natural justice.
B. All the constructions in the appellants' property are in accordance with the building rules. The application filed by the 2nd appellant before the Panchayat was to renovate the existing building and the same is submitted in the Form specifically for that. From that itself it is clear that there is already a construction in the said property which has to be altered/renovated. The learned single Judge has not considered this before passing the impugned W.A.No.1124 of 2022 12 judgment.
C. The 1st appellant is really famous as an astrologer and so many people are coming to see him to know about their future through their horoscope, seeking advices and remedies for their problems etc. Both the appellants belong to Pulaya community whereas the respondent Nos. 1 to 6/ petitioners belong to Nair community and they are very jealous of the 1st appellant's fame as an astrologer and also his busy schedules, followers and the innumerable number of visitors seeking an appointment with him. The learned single Judge ought to have considered the real intention of the respondent Nos.1 to 6/writ petitioners behind the filing of the writ petition.
Mr.Sreejith S. Nair, learned counsel for the appellants, made submissions on the above grounds.
6. Exhibit P2 proceedings dated 16.03.2021 of the District Collector, Idukki District, rejecting the request of the appellants for construction of the prayer hall, is reproduced:
"File No.DCIDK/212/2020-E1 W.A.No.1124 of 2022 13 PROCEEDINGS OF IDUKKI DISTRICT COLLECTOR Present:- DINESH I.A.S. Date: 16/03/2021 Subject: Order rejecting the application for the construction of temple on the basis of investigation reports.
Reference: 1. Application No. A 4-3508/19 dated 30/12/2019 of Secretary of Manakkad Grama Panchayath report.
2. Report No RDOIDK/653/2020-A2 dated 08/07/2020 of the Revenue Divisional Officer, Idukki.
3. Report No D1-6232/2020/D dated 25/01/2021 of District Police Chief.
Application submitted by Smt. Sudha K.K. Murukkumpurath before the Secretary of Manakkad Grama Panchayath for the construction of prayer hall for religious purpose on her property situated in Manakkad Village in re- survey No.134/B of Idukki District in Thodupuzha taluk has been received in the office vide reference No.1 and enquiry has been conducted by the concerned District Police Chief and Thahasildar and a report in this regard is submitted which is mentioned as reference 2 and 3 mentioned above.
As per reference No.2, Idukki RDO in his report has mentioned that property in which prayer hall is to be constructed in Manakkad village, Block-10 in survey No.134/- 1 is surrounded by many residential buildings and none of the residents has given their consent for construction of prayer hall.
RDO has also reported that nine neighbors in the area has given a complaint before residence association against W.A.No.1124 of 2022 14 the construction of the prayer hall and in turn the president of the association has forwarded it to the Manakkad village officer and also that it will be improper to grant permission for the construction of a prayer hall because of the objections raised by the residents.
As per reference No.3 District police officer in his report has informed that the concerned property is situated in an isolated interior area and same property is being used by Mr.Sunil M.G. alias Ramayyan who is the husband of Sudha K.K. Murukkumpurath for performing religious rituals, pujas and ceremonies, and that innumerable visitors are coming here to visit Ramayyan and that neighbors are disturbed due to these activities and that there is difference of opinion existing between the residents and the said Mr.Sunil M.G. alias Ramayyan. It is also reported in the name of these religious rituals animal slaughtering and offerings are also performed here, and that the neighbours in the entire area is disturbed due to loud noises. Various complaints are given seeking remedy for the same against this person and it is reported that if any permission is given for the construction Temple or prayer hall the peaceful life and public tranquility will get affected.
Since there are objections on the part of the neighbors and other residents of the locality it will not be proper to give sanction for the construction of prayer hall in a residential area. As per section 8 of Kerala Building Rules 2011, in order to avoid communal disturbance and to maintain communal harmony, actions are to be taken as per the guidelines prescribed in the manual. Therefore it is W.A.No.1124 of 2022 15 hereby decided to reject the application submitted by Smt. Sudha K.K. Murukkumpurath, before the secretary of Manakkad grama panchayath for the construction of prayer hall for religious purpose on her property situated in Manakkad village in re survey No 134/B of Idukki District in Thodupuzha taluk.
DISTRICT COLLECTOR IDUKKI"
7. While considering the application for construction of prayer hall for the purpose of religious activity, the District Collector, Idukki District has considered the issue taking into account rule 7(8A) of the Kerala Panchayat Building Rules, 2011 (incorrectly shown in the order of the District Collector as section 8) and also the guidelines prescribed in the Manual and found that there should not be any communal disturbances and harmony should be maintained and, accordingly, rejected the request for construction of a prayer hall. While doing so, he has also considered the report of the Revenue Divisional Officer, Idukki (No.RDOIDK/653/2020-A2 dated 08.07.2020) and also the report of the District Police Chief (No.D1-6232/2020/D dated 25.01.2021).
8. Reading of the impugned judgment shows that the W.A.No.1124 of 2022 16 appellants seemed to have challenged the consequential order of the Secretary of Manakkad Grama Panchayat before the Tribunal. The said order is nothing but implementation of Exhibit P2 proceedings of the District Collector, Idukki District dated 16.03.2021. As rightly observed by the writ court, Exhibit P2 order dated 16.03.2021 of the District Collector, Idukki District rejecting the request for construction, has not been challenged.
9. Though Mr.Sreejith S.Nair, learned counsel for the appellants submitted that the directions of the writ court in W.P.(C)No.28424 of 2021 dated 15.06.2022 to demolish the construction was solely on the basis of Exhibit P3 series of photographs and that there is no construction as alleged, we are of the view that if there is any construction for religious activity, the same is without permission and contrary to the provisions of the Kerala Panchayat Building Rules, 2011 and the guidelines prescribed in the Manual and such construction for the said purpose has to be demolished. In such a view of the matter, the observations or directions of the writ court W.A.No.1124 of 2022 17 cannot be said to be erroneous, warranting interference.
Giving due consideration to the material on record, we are of the view that the appellants have not made out a case for interference. Writ appeal is, therefore, dismissed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv //true copy// P.A. to Judge