Allowed

Poovar Muslim Jama-Ath Committee v. State of Kerala

Kerala HC2 Nov 2023WP(C)/14103/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ petition confirming an interim order that restrains construction and demolition activities at a Dargah until permission is obtained from the competent authority, specifically the District Collector.

What did the court decide?

Confirmation of interim order dated 19.04.2022 restraining construction and demolition at the Dargah pending permission from the District Collector.

Poovar Muslim Jama-Ath Committee Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945

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WP(C) NO. 14103 OF 2022

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PETITIONER:

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POOVAR MUSLIM JAMA-ATH COMMITTEE REPRESENTED BY ITS GENERAL SECRETARY,POOVAR.P.O, THIRUVANANTHAPURAM-695 525, PIN - 695525

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BY ADV S.MOHAMMED AL RAFI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, HOME(SSA DEPARTMENT), SECRETARIATE, THIRUVANANTHAPURAM-695 001, PIN - 695001

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2 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695 043.

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3 POOVAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POOVAR,.P.O, THIRUVANANTHAPURAM-695 525.

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4 STATION HOUSE OFFICER POOVAR POLICE STATION, THIRUVANANTHAPURAM-695 525.

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5 SAKEER HUSAIN@ DASTAKHIR, PRESIDENT S/O BHUHARI, POOVAR NOOH VALLIYULLA DARGA PARIPALANA COMMITTEE, POOVAR, THIRUVANANTHAPURAM695 525

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6 ABDUL NIZAR, SECRETARY, S/O MUTHALIB, POOVAR NOOH VALIYULLA DARGA PARIPALANA COMMITTEE, POOVAR, THIRUVANANTHAPURAM-695 525.

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BY ADVS.

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SHRI.M.R.SASITH, SC, POOVAR GRAMA PANCHAYAT J.R.PREM NAVAZ J.R M.S.MOHAMMED SHAMIM(K/798/2004)

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SRI P S APPU-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 02.11.2023, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 14103 OF 2022

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JUDGMENT

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The petitioner is stated to be a 'Jama-ath Committee', who alleges that respondents 5 and 6 are causing unauthorized constructions and demolitions of the 'Nooh Valiyulla Darga Sherif, Poovar (hereinafter referred to as “Dargah” for short).

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Sri.S.Mohammed Al Rafi – learned counsel for the petitioner, submitted that respondents 5 and 6 illegally project themselves as the office bearers of 'Dargah' - though they have no power at all in such regard - and are then going ahead with illegal activities, without obtaining permission from any of the Competent Authorities. He, therefore, reiteratedly prayed that respondent Nos. 1 to 4 be directed to take necessary action against respondents 5 and 6, in having indulged in demolition and construction activities of the 'Dargah' illegally.

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Sri.Prem Navas – learned counsel appearing for respondents 5 and 6, in response, submitted that his clients are not demolishing or constructing the 'Dargah', but are only maintaining it, because they are the elected office bearers of its Administrative Committee. He asserted that 'Dargah' is not a Wakf and therefore that, it is his clients, who are now authorized

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WP(C) NO. 14103 OF 2022

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and sanctioned to continue with its maintenance on a day-to-day basis.

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Sri.Sasith Panicker – learned Standing Counsel appearing for the 3^rd respondent, affirmed that no permission has been given to anyone, including respondents 5 and 6, to make any construction or to engage in any demolition activities in the 'Dargah' in question. He submitted that, therefore, his client will abide by any direction to be issued by this Court.

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The learned Government Pleader – Sri.P.S.Appu, also affirmed that the District Collector has not given any permission to anyone, including respondents 5 and 6, to engage in any activity with respect to the 'Dargah'.

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I notice from the files that, through an interim order dated 19.04.2022, respondents 5 and 6 have injuncted from carrying on any construction or demolition activity in the 'Dargah', without obtaining necessary orders from the 2^nd respondent - District Collector. This is obviously because the 'Dargah' is a religious institution, which is governed by the applicable Regulations relating to communal harmony.

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It is thus obvious that, as of now, there can be no construction or demolition activity in the 'Dargah' by anyone,

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WP(C) NO. 14103 OF 2022

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including respondents 5 and 6. I do not propose to enter into the questions of the competence of respondents 5 and 6 to cause any such since it is unnecessary because any activity of such nature can be taken forward only after obtaining necessary orders from the Competent Authorities, especially the 2^nd respondent – District Collector.

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In the afore circumstances, I allow this Writ Petition confirming the interim order dated 19.04.2022; however with liberty being reserved to respondents 5 and 6 or to the petitioner to approach the Competent Authority with respect to the 'Dargah', which shall then be considered in terms of law, following due procedure.

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Sd/- DEVAN RAMACHANDRAN, JUDGE

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lsn

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WP(C) NO. 14103 OF 2022

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APPENDIX OF WP(C) 14103/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT. Exhibit P2 TRUE COPY OF THE DECISION DATED 17/8/2021 TAKEN BY THE PETITIONER. Exhibit P3 TUE COPY OF THE INTERIM ORDER DATED 7/7/2021 IN W.P.(C) 11776/2021.

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Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 11/4/2022 SUBMITTED TO THE 2ND RESPONDENT.

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Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 11/4/2022 SUBMITTED TO THE 3RD RESPONDENT.

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RESPONDENT EXHIBITS

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Exhibit R5 a TRUE COPY OF THE JUDGMENT IN WPC NO 12767 OF 2021 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT Exhibit R5 b TRUE COPY OF THE PLAINT FILED BEFORE THE VACATION BENCH AND WHICH SUIT IS SINCE THEN RE-NUMBERED AS OS NO 183/2022 AND NOW PENDING ON THE FILES OF THE HON'BLE MUNSIFFS COURT, NEYYATINKARA Exhibit R5 c THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE COMPETENT AUTHORITY DATED 2.12.2021

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Exhibit R5 d TRUE COPY OF THE RECEIPT DATED 1.4.2022 EVIDENCING THE SUBMISSION OF THE APPLICATION OF BUILDING PERMIT

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Exhibit R5 e TRUE COPY OF THE PLAN OF THE PROPOSED COSTRUCTION

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TRUE COPY

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P.A TO JUDGE

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LSN

Poovar Muslim Jama-Ath Committee v. State of Kerala

Case brief

What is this about?

What did the court decide?

Poovar Muslim Jama-Ath Committee v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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