Kerala HC orders to shut down unlawful spiritual locations, prayer halls

By PTI

KOCHI: The Kerala High Court on Friday ordered the closing down of spiritual locations constructed illegally, observing that the variety of locations of worship within the southern State is nearly 3.5 instances greater than the variety of hospitals there.

In the judgement, Justice P V Kunhikrishnan quoted few verses (Juz 1 Surah 114) from the Holy Quran, which had been referred to by a counsel through the listening to of the case, to look at that it doesn’t imply “Mosque is necessary in every nook and corner.” 

“These verses of the Holy Quran clearly highlight the importance of mosque to the Muslim community. But, it is not stated in those verses that Mosque is necessary in every nook and corner,” the Court stated quoting the verses (Juz 1 Surah 114) talked about by the counsel.

The courtroom issued the order whereas disposing of a plea filed by a Society known as Noorul Islam Samskarika Sangam looking for to transform a industrial constructing at Amarambalam Grama Panchayat right into a Muslim place of worship at a village close to Nilambur within the Malappuram district.

“The Chief Secretary of State of Kerala and the State police chief shall issue necessary orders/circulars directing all the officers 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, take necessary steps to close down the same forthwith”, the order stated.

Also, the courtroom directed the federal government to problem a separate round/order prohibiting change of class of a constructing to a spiritual place/prayer corridor besides in inevitable circumstances and within the rarest of uncommon circumstances, and that additionally solely after getting a report from the police and the Intelligence ascertaining the bottom realities of that exact place.

It additional directed the Chief Secretary to problem crucial orders/circulars directing the competent authority as per the Manual of Guidelines to think about every utility to begin spiritual locations and prayer halls strictly and the approval will be granted solely in acceptable circumstances.

In the order/round, it must be clearly talked about that the gap to the closest related spiritual place /prayer corridor is among the standards whereas contemplating the applying for spiritual locations and prayer halls, it stated.

“Because of the peculiar geographical location of Kerala, it is known as ‘God’s own country’. But we are exhausted with religious places and prayer halls and we are not in a position to allow any new religious places and prayer halls except in the rarest of rare cases,” the High Court stated.

The courtroom noticed that the Society sought to alter the industrial constructing right into a Muslim place of worship at a spot the place there are about 36 mosques inside a 5-km radius of this constructing and “then why another prayer hall for the petitioner is a million dollar question.” 

The petitioner moved the courtroom after the district authorities rejected its demand. “Even then the petitioner wants another place of worship for the reason that ‘five times prayer’ is necessary for a Muslim and therefore, a prayer hall is necessary within the vicinity of every Muslim. If this is allowed then in every nook and corner of the State, place of worship and prayer halls would be necessary”, the courtroom stated whereas doing an in depth consideration of the matter.

In its order, the courtroom, referring to the 2011 census report, stated there are a adequate variety of spiritual locations and prayer halls to all of the communities within the State.

According to the 2011 census, there are 1018 villages in Kerala, together with 87 Municipalities and 6 Municipal Corporations sharing 1,01,140 locations of worship together with 29,565 hospitals.

The variety of locations of worship in Kerala is nearly 3.5 instances larger than the variety of hospitals in Kerala.

“Therefore, if further religious places and religious prayer halls are allowed in Kerala without any guidelines, there will be no place for the citizens to reside,” the courtroom stated.

The courtroom stated the federal government and the native our bodies must be vigilant whereas granting permission for spiritual locations and prayer halls sooner or later.

Observing that the development of a industrial constructing and development of a spiritual place is solely completely different, the courtroom stated in a State like Kerala, the class change from one class to spiritual place is just not crucial until there are adequate causes for a similar.

“If any building is used for religious purposes when the building is constructed for some other purpose, stringent action should be taken by the police authorities and the State,” it stated.

“If every Hindu, Christian, Muslim, Jews, and Parsis among others starts to construct religious places and prayer halls near his or her residence, the State would face consequences such as communal disharmony,” the courtroom stated.

“In this case the Intelligence report and the police report say that if the present conversion of the commercial building to a religious prayer hall is allowed, there is a chance for communal disharmony. It is a sensitive issue,” the courtroom stated.

KOCHI: The Kerala High Court on Friday ordered the closing down of spiritual locations constructed illegally, observing that the variety of locations of worship within the southern State is nearly 3.5 instances greater than the variety of hospitals there.

In the judgement, Justice P V Kunhikrishnan quoted few verses (Juz 1 Surah 114) from the Holy Quran, which had been referred to by a counsel through the listening to of the case, to look at that it doesn’t imply “Mosque is necessary in every nook and corner.” 

“These verses of the Holy Quran clearly highlight the importance of mosque to the Muslim community. But, it is not stated in those verses that Mosque is necessary in every nook and corner,” the Court stated quoting the verses (Juz 1 Surah 114) talked about by the counsel.

The courtroom issued the order whereas disposing of a plea filed by a Society known as Noorul Islam Samskarika Sangam looking for to transform a industrial constructing at Amarambalam Grama Panchayat right into a Muslim place of worship at a village close to Nilambur within the Malappuram district.

“The Chief Secretary of State of Kerala and the State police chief shall issue necessary orders/circulars directing all the officers 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, take necessary steps to close down the same forthwith”, the order stated.

Also, the courtroom directed the federal government to problem a separate round/order prohibiting change of class of a constructing to a spiritual place/prayer corridor besides in inevitable circumstances and within the rarest of uncommon circumstances, and that additionally solely after getting a report from the police and the Intelligence ascertaining the bottom realities of that exact place.

It additional directed the Chief Secretary to problem crucial orders/circulars directing the competent authority as per the Manual of Guidelines to think about every utility to begin spiritual locations and prayer halls strictly and the approval will be granted solely in acceptable circumstances.

In the order/round, it must be clearly talked about that the gap to the closest related spiritual place /prayer corridor is among the standards whereas contemplating the applying for spiritual locations and prayer halls, it stated.

“Because of the peculiar geographical location of Kerala, it is known as ‘God’s own country’. But we are exhausted with religious places and prayer halls and we are not in a position to allow any new religious places and prayer halls except in the rarest of rare cases,” the High Court stated.

The courtroom noticed that the Society sought to alter the industrial constructing right into a Muslim place of worship at a spot the place there are about 36 mosques inside a 5-km radius of this constructing and “then why another prayer hall for the petitioner is a million dollar question.” 

The petitioner moved the courtroom after the district authorities rejected its demand. “Even then the petitioner wants another place of worship for the reason that ‘five times prayer’ is necessary for a Muslim and therefore, a prayer hall is necessary within the vicinity of every Muslim. If this is allowed then in every nook and corner of the State, place of worship and prayer halls would be necessary”, the courtroom stated whereas doing an in depth consideration of the matter.

In its order, the courtroom, referring to the 2011 census report, stated there are a adequate variety of spiritual locations and prayer halls to all of the communities within the State.

According to the 2011 census, there are 1018 villages in Kerala, together with 87 Municipalities and 6 Municipal Corporations sharing 1,01,140 locations of worship together with 29,565 hospitals.

The variety of locations of worship in Kerala is nearly 3.5 instances larger than the variety of hospitals in Kerala.

“Therefore, if further religious places and religious prayer halls are allowed in Kerala without any guidelines, there will be no place for the citizens to reside,” the courtroom stated.

The courtroom stated the federal government and the native our bodies must be vigilant whereas granting permission for spiritual locations and prayer halls sooner or later.

Observing that the development of a industrial constructing and development of a spiritual place is solely completely different, the courtroom stated in a State like Kerala, the class change from one class to spiritual place is just not crucial until there are adequate causes for a similar.

“If any building is used for religious purposes when the building is constructed for some other purpose, stringent action should be taken by the police authorities and the State,” it stated.

“If every Hindu, Christian, Muslim, Jews, and Parsis among others starts to construct religious places and prayer halls near his or her residence, the State would face consequences such as communal disharmony,” the courtroom stated.

“In this case the Intelligence report and the police report say that if the present conversion of the commercial building to a religious prayer hall is allowed, there is a chance for communal disharmony. It is a sensitive issue,” the courtroom stated.