HC stays Kerala govt order granting power to local bodies to allow construction of places of worship
KOCHI: The Kerala High Court has stayed the state government's order granting power to local self government authorities to give clearance for the construction of places of worship.
Justice N Nagaresh issued the interim order on the petition filed by Fr Joy Pulikkottil, vicar St Peter's and St. Paul's Syrian Orthodox Church, Chalissery, Palakkad challenging the amendment. The petitioner pointed out that for the construction of religious places (churches, mosques, temples etc), prior approval and clearance of the District Collector was necessary as per the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony, 2005. By an amendment brought in during 2021 to the Manual of Guidelines to Prevent and Control Disturbances and to Promote Communal Harmony, the condition of prior permission from the District Collector was removed and permission of the local body (Panchayat or Municipality) alone was made sufficient.
The court pointed out that the construction of religious places of worship has often been causing communal tensions and law and order situations. The earlier order shows that the clearance to be given by the district administration should be based on intelligence inputs received by it. The gathering of intelligence or information is important in granting such clearance. The guideline stated that any construction of a religious place should be made only with prior approval of the district authorities and at the earmarked place. Cases of construction of unauthorised religious places should be dealt with severely under existing laws. Now, the government order has been amended wherein the power to grant clearance hitherto exercised by the district administration has been entrusted with local self government authorities.
The court observed that Article 243G of the Constitution of India governs the powers, authority and responsibilities of Panchayats and Schedule 11 of the Constitution of India covers topics to be entrusted to the Panchayat Institutions. Gathering of intelligence information and policing are not included in Schedule 11. Section 174 of the Kerala Panchayat Raj Act empowers the state government to delegate any of its functions to the Panchayat institutions.
However, in the light of Article 243G and Schedule 11 of the Constitution of India and even otherwise, whether the state government can delegate essential sovereign functions like the gathering of intelligence information to panchayat institutions is an important issue arising in this writ petition. Hence, the issue must be looked into and heard in detail, held the court, which will hear the case on August 9.