Noorul Islam Samskarika Sangam vs The District Collector on 27 August, 2025

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Kerala High Court

Noorul Islam Samskarika Sangam vs The District Collector on 27 August, 2025

Present intra court appeal is directed against the judgment of the Single Bench, whereby the writ petition bearing No.792 of 2022 filed by the appellant-petitioner claiming the following relief has been dismissed:

a) a writ of certiorari or any other appropriate writ order or direction directing calling for the records leading to Exhibit-P13 and set aside the same

b) a writ of mandamus or any other appropriate writ order or direction directing the respondents 1, 3 and 4 to grant the permission to use the building with No. 2/256A in Amrambalam Grama Panchayat in Nilambur Taluk, as a place for worship, in the interest of justice.

2. Succinctly, the facts in brief for the adjudication of the controversy are enumerated herein below:

Petitioner society is registered under the Societies Act, 1969. One Mr. Mohammed and Mr. Abdul Razaq were the owners of the property situated in Re-Sy No.210/8-2 of Amarambalam Panchayat in Malappuram District. On the basis of the permit dated 5.4.2017, Ext.P4 , constructed a two storied building with ground floor and first floor. At relevant point of time, the 6th respondent in the writ petition, filed another writ petition bearing No.18986 of 2017, apprehending 2025:KER:66159 WA NO. 1559 OF 2022 4 that the property owners were constructing a religious prayer hall in the said property without obtaining the permit from the Panchayat and the competent authorities. This Court, while admitting the writ petition, vide interim order dated 8.6.2017, directed the Sub Inspector of Police, Pookottumpadam Police Sation, Malappuram District to ensure that no religious practices are carried out in the subject property, if the building is constructed without permission from the appropriate authorities, as provided in the proviso to Rule 7(8) of the Kerala Panchyat Building Rules, 2011.

3. It is pertinent to mention here the permit was issued for construction of two storied commercial building. On the basis of the reluctance from the Panchayat to issue occupancy certificate because of the pendency of the writ petition, ibid, the erstwhile owners of the property approached this court by preferring writ petition No.39075 of 2017. Both the aforementioned writ petitions came up for consideration before this Court where the WP(C) No.18986 of 2017 was dismissed as infructuous and WP(C) No.39075 of 2017 was disposed of vide order dated 9.1.2018 with the following directions:

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1. The 2nd respondent shall consider the application submitted by the petitioners for allocation of a building number as also the issuance of occupancy certificate, within a period of three weeks from the date of receipt of copy of this judgment, after hearing the petitioners, and the petitioner in W.P. (C).No.18986/2017. I make it clear that the 2nd respondent shall ascertain the proposed use to which the petitioners intend to put the building to, before issuing any occupancy certificate to the petitioners.

2. The 2nd respondent shall issue notice to the petitioners and the petitioner in W.P. (C).No.18986/2017 informing them of the date of hearing in connection with the consideration of the application for building number/ occupancy certificate. On the date of hearing, it will be open to the petitioners in the present writ petition as also the petitioner in W.P.(C).No.18986/2017 to raise all contentions/objections in the matter before the 2nd respondent.

3. The petitioners shall produce copy of the writ petition together with the copy of the judgment before the 2nd respondent, for further action.

4. Accordingly, the Panchayat Secretary, after having heard the parties and taking on account Ext.P7 undertaking dated 7.3.2018 submitted by the erstwhile owners by way of affidavit, issued an occupancy certificate by treating the building in 'F' category. However, after a gap of almost one month, the property was dedicated to the petitioner vide Waqf deed dated 28.4.2018 and Ext.P9 request dated 23.6.2018 was 2025:KER:66159 WA NO. 1559 OF 2022 6 submitted to the Panchayat for seeking permission to use the building as a prayer hall for five times prayers to the members of the muslim community on account of the fact that there is no mosque in Thottekkad locality. Accordingly, an application was submitted for changing the occupancy of the building from category 'F' to 'D' vide Ext.P10 dated 21.7.2018. The aforementioned application was forwarded to the District Collector for approval as provided in the Kerala Panchayat Building Rules, 2011. Since there was a delay in considering the aforementioned application at the level of the District Collector, the petitioner approached this Court vide writ petition bearing No.31065 of 2018 and this Court vide order dated 17.9.2020 disposed of the writ petition with the following directions:

4. The fact now remains is that the Noorul Islam Samskarika Sangam is an applicant before the District Collector. Therefore, it is for the District Collector to take a decision in the matter after adverting to the ground realities exist in the area. In such circumstances, it is appropriate to direct the District Collector, Malappuram, to take a decision after hearing the Noorul Islam Samskarika Sangam as well as Anie M. George and the local authority. An appropriate decision shall be taken within a period of two months.

5. Anie M. George has a case of misusing the occupancy, the building is used for other illegal 2025:KER:66159 WA NO. 1559 OF 2022 7 activities. If there is any such contention, it is for Anie M. George to raise it before the District Collector. In such event, the District Collector also shall advert to such aspects raised by Anie M. George. W.P.(C)No. 17460/2018 filed by Anie M. George is de linked as she had sought some other reliefs in her petition. Therefore, W.P.(C)No. 31065/2018 filed by the Noorul Islam Samskarika Sangam alone is disposed of.

5. Consequently, the District Collector considered the matter and dismissed the application for granting permission for using the space as prayer hall and change in the occupancy vide order dated 10.8.2021, Ext.P13. Learned Single Bench, after noticing all the contentions, found that the said act of the erstwhile owners in obtaining the permit for construction of a commercial building and thereafter dedicating it free of cost for offering prayer was infact deceitful, as, the intention in the beginning was the prayer hall, which was impermissible as per the then Kerala Panchayat Building Rules, 2011. It was also noticed that as per the provisions of the Manual of guidelines to prevent and control communal disturbance and to promote communal harmony-2005 as per Government order(P) No.217/05/Home dated 25.7.2005, any construction of the religious place is to be made only with prior approval from the 2025:KER:66159 WA NO. 1559 OF 2022 8 District Authorities. Clauses 23 and 23(a)(i) of the Manual were amended as per Government order dated 14.2.2021 and instead of District Authorities, the Local Self Government authority has to grant approval for the construction of religious place whereas, the application submitted by the petitioner to the District Collector was before the amendment caused in Clause 23 and 23(a)(i) of the Manual guidelines. It is in that background, writ appeal has been filed.

6. Learned counsel for the appellant, in support of the memorandum of appeal, the following submissions have been raised:

a) The judgment of the Single Bench is totally erroneous as it amounts to infringing the fundamental right of citizen to practice and profess religion and the right to worship and is against the Kerala Panchayat Building Rules, 2019.

b) Kerala Panchayat Building Rules are framed drawing power from Section 235A of the Kerala Panchayat Raj Act which provides that the government may make rules for regulation or restriction of the use of sites for the construction of building whereas, the Kerala Panchayat Building Rules, 2019 came into force with effect from 8.11.2019. As on the date of passing the 2025:KER:66159 WA NO. 1559 OF 2022 9 order Ext.P13, the 2019 Building Rules are already in force.

Therefore the District Collector has no jurisdiction to decide the matter and the power is only vested with the Local Self Government.

c) Article 26 of the Constitution provides freedom to manage religious affairs, subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property and to administer such property in accordance with law etc.

d) The only consideration for grant of building permit for religious purposes is whether there is possibility of disturbances to public order, morality and health. Ext.P14 report and Ext.P13 order do not state about any such issues in the locality. There had been no disturbance to social order or communal harmony in the locality in the recent past.

e) The 'Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony' was amended with effect from 14.2.2021 and the authority to 2025:KER:66159 WA NO. 1559 OF 2022 10 grant approval for construction of religious places was taken away from the District Collector and conferred upon Local Self Government Authority.

f) Rule 7 sub rule 8A of the Kerala Panchayat Building Rules, 2011 deals with the authority of the District Collector in dealing with the application for permission to construct building for religious purposes and the legislature has formulated the Building Rules, 2019 taking in to consideration all relevant aspects and the legislature has diluted the rigour of Rule 7(8) of the 2011 Rules by the 2019 Rules.

g) Over saturation of number of buildings of a particular type of occupancy in the area, as noticed by the learned Single Judge, cannot be a ground for rejecting an application for building permit or change of occupancy of a building either under Rule 11 of the Building Rules 2019 or under rule 13 of the Building Rules 2011.

h) The building has been constructed fully in conformity with the permit granted and without any violation of the Kerala Panchayat Building Rules or will not offend any town planning scheme in future.

I) No doubt that the building, originally, was constructed for 2025:KER:66159 WA NO. 1559 OF 2022 11 the commercial occupancy by the erstwhile owners and has not put on use, the building, as place of worship, but intended to use the place for worship only after obtaining the permission as per the Building Rules. Rule 134 of the Kerala Panchayat Building Rules envisages the regularization of the buildings, unauthorizedly constructed. In support of the contentions relied upon the judgment in Saregama India Limited v. Next Radio Limited and Others (2021 KHC 6534), Ashwani Kumar (Dr.) v. Union of India and Another (2019 KHC 6888) and Mohanan and another v. District Collector and Others (2022 (1) KHC 441) to contend that the general directions to the Government contained in the impugned judgment tantamounts to transversing the power of judicial review enumerated under Article 226 of the Constitution of India.

7. On the other hand, learned counsel for the respondent No.6 countered the aforementioned arguments and submitted that the judgment of the Single Bench is based upon the appreciation of the factual aspects ie., there are thirty six (36) mosques available within the vicinity from the commercial building of the petitioner and as per the Census 2025:KER:66159 WA NO. 1559 OF 2022 12 2011, Kerala has ten (10) times higher number of religious structures than the total number of Villages in Kerala. According to 2011 Census, there are about one thousand and eighteen (1018) villages in Kerala along with eighty seven (87) Municipalities and six (6) Municipal Corporations sharing one lakh one thousand and one forty (1,01,140) places of worship along with twenty nine thousand five hundred and sixty five (29,565) hospitals. Therefore the number of places of worship in Kerala is almost 3.5 times higher than the number of hospitals in Kerala. The matter was referred to the Collector on 29.8.2018 as evident from Ext.P11 and decided vide Ext.P13 dated 10.8.2021. In the case of change in the Kerala Panchayat Building Rules, by introduction of 2019 Rules with effect from 14.2.2021, repealing 2011 Rules, Rule 7A of the earlier rules would be applicable and the Collector was within the jurisdiction to decide the request for granting the permission for conversion of the commercial building for the purpose of religious purposes. In support of the contentions, relied upon the judgment in Balakrishna Pillai and Others v. Union of India and Others (2021 (4) KHC 282).

8. We have heard the learned counsel for the parties 2025:KER:66159 WA NO. 1559 OF 2022 13 and appraised the paper book and of the view that there is no force and merit in the submissions, for the reason that, even if the 2019 Rules envisages held the power for granting permission for the religious purposes, the fact remains that the permit, in the instant case as noticed above, was issued for construction of commercial building, which was erected. The erstwhile owner had also given an undertaking dated 7.3.2018 to use the building only for commercial purposes. But thereafter by dedicating the same in April 2018, and submitting the application for conversion and occupancy certificate, was willful attempt to circumvent the undertaking and the applicability of law as it was in force, by taking up all the pleas of substitution of the previous amending Rules viz-a- viz 2019 Rules, much less, the power under the manual of guidelines which earlier vested with the District Collector, was shifted to the local self Government by way of amendment, in our considered view, would not change the nature and character of the controversy for the reason that the reference to the Collector was in 2018, whereas, at that time, Kerala Panchayat Building Rules 2011 were in force. Rule 7(8) empowered the Collector to grant the permission for change 2025:KER:66159 WA NO. 1559 OF 2022 14 of the occupancy for carrying out the religious activities in a building and not the local Self Government. Thus, the amendment of the Rules during the pendency of the matter has not taken away the applicability of the rule as the matter was seized when the old Rules were in existence.

9. No doubt, the court while exercising the power of judicial review cannot traverse its power and issue certain directions to the Government to legislate, as it is the role of the legislature in terms of the judgment cited on behalf of the counsel for the appellant and those directions in our considered view are required to be expunged. Thus the following directions are expunged:

2. The Chief Secretary of State of Kerala and the State Police Chief shall issue necessary orders / circulars directing all the officer concerned to see that there is no illegal functioning of any religious places and prayer halls without obtaining permission from the competent authorities as per the Manual of Guidelines and if any such religious place or prayer hall is functioning without necessary permission, to take necessary steps to close down the same forthwith.

3. The Chief Secretary of the State of Kerala will issue necessary orders / circulars directing the competent authority as per the Manual of Guidelines to consider each application to start religious places and prayer halls strictly and the approval can be granted only in appropriate cases. In the order/circular, it should be clearly mentioned that the distance to the nearest similar religious place / prayer hall is one of the criteria while considering the application for religious places and prayer halls.

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4. The Chief Secretary of the State of Kerala will issue a separate circular / order prohibiting change of category of a building to a religious place / prayer hall except in inevitable circumstances and in the rarest of rare case, and that also only after getting report from the Police and Intelligence ascertaining the ground realities of that particular place.

10. As far the order of the Collector is concerned, Ext.P13, we are of the view that the said order has been passed considering the report of the Sub Collector and District Police Chief. The relevant portion of the same reads as under:

The Sub-Collector has reported that the building in question is situated in 0.0283 hectres of land in the Survey No.210/8-2-2, Block No. 121 of Amarambalam Village, Amarambalam Panchayath which was jointly registered in the name of President and Secretary, Nurul Islam Nurul Islam Cultural Society, Thottekkad by Marankulathil Muhammad and Mr.Abdul Razzaq as per Deed No.1718/2018 of Nilambur SRO. It is also reported that the building number was allotted from Amarambalam Grama Panchayat to the pre-owners Mr. Marankulathil Muhammad and Mr. Abdul Razzaq for commercial purpose. It was also reported that the the ownership rights of the said building have transferred to the current owners upon the application submitted to the gram panchayat on the condition that the building should be used only for commercial purposes. It is reported that building in question is currently locked and not in use, and earlier Muslim religious rituals were held in the building, but later it was stopped based on the complaint, and currently no commercial activities are going on in this building. As per reference (6), the sub collector has reported that there are about 36 Muslim places of worship, about 3990 Muslim families, 1164 Christian families and 3498 Hindu families living within a radius of 5 km from the building in The District Police Chief 2025:KER:66159 WA NO. 1559 OF 2022 16 reported that the Commercial building numbered 02/256 in Amarambalam Panchayat in Nilambur Taluk was previously used by traders for prayers and the interior of the building was set up for worship rather than for commercial use. In a complaint filed by Mrs. Annie M. George, a neighbor, in the High Court of Kerala against the conduct of prayers according to Muslim religious practice in the building, the Hon'ble Court ordered that religious activities should not be conducted in the said building without obtaining prior permission from the relevant authorities. The district police chief had also reported that there are more Hindu-Christian religious sects nearby the building and they are opposed to the coming of the mosque and if permission is given to convert the said commercial building into a Muslim place of worship, there is a possibility of Christian-Muslim conflict at the place and in the above situation permission should not be given to convert the said commercial building into a Muslim place of worship.

The complainant Mrs. Anne M. George filed an application stating that on the basis of the judgment of the Hon'ble Kerala High Court in W.P.(C) No. 31065/2018, it was directed that the District Collector himself should conduct a direct hearing and take a decision. Therefore the District Collector himself conducted a video conferencing on 05-01-2021, in which Gram Panchayat Secretary, Advocate Samsudin P, representing the Nurul Islam Cultural Society and Mrs. Annie M. George partcipated but due to network failure Mrs. Anne M. George was prevented from attending the meeting. In this situation, Mrs. Annie M. George's again filed an application that she should be heard again in person and thus the District Collector conducted a hearing on 24/02/2021. In that session, Mrs. Annie M. George, her advocate and Gram Panchayat Secretary participated in the hearing. Advocate Shamsuddin, who was appointed for the Nurul Islam Cultural Society, informed through a letter that he would not be able to attend on that day. Advocate Samsudin attended the hearing held on 05-01-2021, and submitted his arguments. Mrs. Annie M. George informed that the building in question is located next to her house and permit received from the panchayat was only for commercial purposes and there is no provision for converting the commercial building into a place of 2025:KER:66159 WA NO. 1559 OF 2022 17 worship. Also, it was informed that there are more people of other religious groups in the said area and they have opposition to the coming of the mosque and if permission is given to convert the said commercial building into a Muslim place of worship, there is a possibility of communal conflict in that place. The Grama Panchayat secretary also deposed that the occupancy of the said building is currently as a commercial building. The State Intelligence ADGP, stated that the police should be cautious about the use of the building built for commercial purposes for religious obsed beces and religious propaganda as there is a possibility of fostering Hindu-Musibservances ar the area and causing communal law and order problems. It is reported under reference no. 2. State Intelligence ADG also stated that some Muslims have objections a deferers. Annie M. George, who has filed complaint against the coming of the Muslim place of worship, and therefore special attention and surveillance of the police is needed place placer it is indicated in the report as per (4) of P. Subject to the government order G.O.(P) No.217/05/Home dated 25-07-2005 on the basis of the reports filed by the Intelligence ADGP, District Police Chief, Sub-Collector,Perinthalmanna, Depositions of the parties in the hearing conducted by the Distric Collector and other relevant documents, the above matter has been examined in detail. Since the residents of the area are against converting the said commercial building into a Muslim place of worship, if permission is granted, there is a possibility of violation of law and order in the said area and also the general harmonious atmosphere existing in the area will be disturbed.. It is believed that the Nurul Islam Cultural Society officials has adopted a way to easily overtake the law by first building a commercial building and gradually converting it to a place of worship. This would have been done because they knew that if the application for building a place of worship at this place is submitted in a legal manner, permission won't be granted.

ORDER In the above circumstances I, K. Gopalakrishnan, District Collector and District Magistrate, Malappuram, in 2025:KER:66159 WA NO. 1559 OF 2022 18 exercise of the powers vested in me under G.O. (P) No. 217/05/Home, dated 25.07.2005, hereby ordered that the application submitted for a letter of objection as per reference (1) by the Secretary, Grama Panchayath Amarambalam with respect to the application filed by the President & Secretary, Nurul Islam Cultural Society, before the Secretary, Amarambalam Grama Panchayat for permission to use the commercial building on the land as a place of Muslim worship under der Survey Survey No. 210/8-2-2 in Block No.121 of Amarambalam Village, Nilambur Taluk, Malappuram District be rejected. As an upshot of our findings, we do not agree with the contentions of the counsel representing the petitioner- appellant and find that there is no illegality or perversity in the judgment under challenge viz-a-viz Exhibit P13. No ground for interference is made out. Intra court appeal is accordingly, dismissed.

Sd/-

AMIT RAWAL JUDGE Sd/-

sab                                       P. V. BALAKRISHNAN
                                                JUDGE
                                             2025:KER:66159
WA NO. 1559 OF 2022

                               19

                 APPENDIX OF WA 1559/2022

PETITIONER ANNEXURES

Annexure A1       TRUE COPY OF GO (P) NO.217/05/HOM DATED
                  25.7.2005.
Annexure A2       TRUE COPY OF GO (P) NO.19/2021/HOM.
                  DATED 14.2.2021.

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