Wings Charitable Trust (Reg. No.60/IV/22) v. Pulamathol Grama Panchayath and Others

1 ``` WP(C) NO.2733OF 2023 ``` ``` 2025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON`** ``` TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 ``` ``` WP(C) NO.2733OF 2023 ``` ## **`PETITIONER:`** ``` WINGS CHARITABLE TRUST (REG. NO.60/IV/22), VALAPURAM, PULAMANTHOLE, MALAPPURAM - 679323 REPRESENTED BY ITS CHAIRMAN - ABDUL AZEEZ PALASSERI. ``` ``` BY ADVS. K.I.MAYANKUTTY MATHER (SR.) T.K.SREEKALA KALLIYANI KRISHNA B. ``` ## **`RESPONDENTS:`** - **`1 PULAMANTHOLE GRAMA PANCHAYATH, PULAMANTHOLE, MALAPPURAM - 679323, REPRESENTED BY ITS SECRETARY.`** - **`2 SECRETARY, PULAMANTHOLE GRAMA PANCHAYATH, PULAMANTHOLE, MALAPPURAM – 679323.`** - **`3 DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE ROAD, UP HILL, MALAPPURAM, PIN – 676504.`** - **`4 THE SUB-COLLECTOR/REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, SHORNUR-PERINTHALMANNA ROAD, SHANTI NAGAR, PERINTHALMANNA S.O. P.O. – 679322.`** - **`5 TAHSILDAR, PERINTHALMANNA TALUK, MINI CIVIL STATION, PERINTHALMANNA – 679322.`** - **`6 VILLAGE OFFICER, KURUVAMBALAM P.O., MALAPPURAM – 679323.`** 2 ``` 2025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** ## **`WP(C) NO.2733 OF 2023`** ``` 7 MUSTHAFA PERINGODAN, PERINGODAN HOUSE, VALAPURAM P.O., PULAMANTHOLE, MALAPPURAM – 679323. ``` ``` BY ADV C.M.KAMMAPPU ``` ## **`OTHER PRESENT:`** ``` SMT.K.R.DEEPA, SP.G.P. FOR LSGD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 ``` WP(C) NO.2733OF 2023 ``` ``` 2025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** ## **JUDGMENT** Petitioner, stated to be a charitable trust has sought to construct a mosque for which an appropriate building permit was obtained from the 1[st] respondent panchayat, as evidenced by Ext.P4. On the basis of the building permit so obtained, it is contended that the construction has almost reached the final stages as evidenced by Exts.P5 to P7 photographs produced along with this writ petition. It is at that stage, the petitioner contends that a stop memo at Ext.P8 came to be issued by the District Collector-the 5[th] respondent herein-with reference to a complaint filed by the party respondent-the 7[th] respondent. It is challenging the stop memo issued as above, the captioned writ petition is filled by the petitioner. 2. I have heard Sri.V.V. Asokan, learned Senior counsel for the petitioner and Smt.K.R. Deepa, learned Special Government Pleader (LSGD) on behalf of the official respondents herein. ``` WP(C) NO.2733OF 20232025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** 4 3. This court notices that the challenge in this writ petition is against the stop memo issued pursuant to Ext.P8. The requirement to get a No Objection Certificate (NOC) from the District Collector for the construction of a religious institution like a mosque has been taken away pursuant to the amendment to the provisions of Rule 5 of the Kerala Panchayat Building Rules, 2019, with effect from 28.06.2021. On the basis of the afore, this Court further notices that the petitioner approached the 1[st] respondent Panchayat and Ext.P4 building permit has been issued in favour of the petitioner. There is no case for the respondents that the construction is being carried out not in accordance with the building permit, so issued by the 1[st] respondent-Panchayat. The only reason stated in Ext.P8, so as to interdict the petitioner from continuing the construction, is the complaint lodged by the 7[th] respondent herein. This court also notices that, though notice has been served on the 7[th] respondent, there is no appearance from the side of the said party. 4. On the basis of the afore, the contention raised by **==> picture [57 x 58] intentionally omitted <==** 5 ``` WP(C) NO.2733OF 20232025:KER:30635 ``` the 3[rd] respondent herein is to be noticed. In the 8[th] paragraph of the counter affidavit, it is stated that there are already “four mosques” in the adjacent periphery of 200 square meters, and therefore, the construction of a newer mosque would cause difficulties for the public. In the circumstances noticed above, I am of the opinion that the stand taken as above, cannot be the basis for the issuance of a stop memo in the nature of the one at Ext.P8. Smt.Deepa, the learned government pleader would also point out to the contents of the 7[th] paragraph of the counter affidavit to state that there are “other fraction of people” and hence the respondents attempted a mediation and even thereafter the “issues are not resolved.” However, apart from stating that there are “issues”, what is the nature of the issue involved is not stated anywhere in the counter affidavit. 5. In W.P.(C) No.13544 of 2020, a learned Single Judge of this Court, as per judgment dated 15.11.2024 has already considered the afore stand taken and found that merely because there are other religious institutions in the ``` WP(C) NO.2733OF 20232025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** 6 nearby locality that by itself cannot be a reason to interdict the construction of a mosque-as in the case at hand. 6. Furthermore, this Court notices that challenge raised to the amendment to Rule 5, noticed earlier, has already been repelled by a learned Single Judge of this Court in **St.Peter’s and St. Paul’s Syrian Orthodox Church, Chalissery v. State of Kerala [2024 KHC 405]** . Though the learned senior counsel would fairly point out that an appeal is pending against the judgment as W.A. No.1019 of 2024, the respondents admit that there is no stay granted by the Division Bench of this Court. 7. On the whole, I am of the opinion that the stop memo at Ext.P8, issued by the District Collector cannot be sustained for the reason highlighted, as above. 8. Resultantly, Ext.P8 stop memo issued by the District Collector would stand _set aside_ . 9. At this juncture, Smt. Deepa, the learned Special Government Pleader would contend that the entitlement of the respondents to proceed in accordance with law may be 7 ``` WP(C) NO.2733OF 2023 ``` ``` 2025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** left open. Having considered the afore submission, I permit the respondents to proceed further strictly in accordance with law if there are any issues as stated in the 7[th] paragraph of the counter affidavit filed by the 3[rd] respondent. This writ petition is disposed of as above. ## **Sd/-** **HARISANKAR V. MENON JUDGE** ``` Skk//09.04.2025 ``` 8 ``` WP(C) NO.2733OF 2023 ``` ``` 2025:KER:30635 ``` **==> picture [57 x 58] intentionally omitted <==** ## **`APPENDIX OF WP(C) NO.2733 OF 2023`** ## **`PETITIONER’S EXHIBITS:`** ``` EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF RULE 5 OF THE KERALA PANCHAYATH BUILDING RULES, 2019 EXHIBIT P2 TRUE COPY OF THE SAID LETTER NO. DCMPM/414/ 2022 – E3 DATED 27.5.2022 OF THE DISTRICT COLLECTOR, MALAPPURAM ``` ``` EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DATED 18.1.2022 IN WP(C) 12767 OF 2021 (MOHANAN AND ANOTHER VS. DISTRICT COLLECTOR, KOLLAM AND OTHERS) EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT (A4- BA(258519)/2022) OBTAINED BY THE PETITIONER FROM THE 1ST RESPONDENT ON 5.8.2022 ALONG WITH THE APPROVED DRAWINGS EXHIBIT P5 PHOTOGRAPH EVIDENCING THE PRESENT STAGE OF THE CONSTRUCTION OF THE BUILDING EXTERIOR VIEW EXHIBIT P6 PHOTOGRAPH EVIDENCING THE PRESENT STAGE OF THE CONSTRUCTION OF THE BUILDING EXTERIOR VIEW EXHIBIT P7 PHOTOGRAPH EVIDENCING THE PRESENT STAGE OF THE CONSTRUCTION OF THE BUILDING INTERIOR VIEW EXHIBIT P8 TRUE COPY OF THE STOP MEMO DATED 18.1.2023 ISSUED BY THE 5TH RESPONDENT ```