2025:KER:27634 WP(C) NO.29302 OF 2019 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 1st DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 29302 OF 2019 PETITIONER/S: NJANIKKADAVU SREE POTTAN DEVASTHANAM SAMITHI (REGD.NO.KSR/CA/571/2015) NJANIKKADAVU, P.O., OZHINHAVALAPPU, HOSDURG TALUK, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. T.K.VIPINDAS SRI.K.M.MUHAMMED HUSSAIN RESPONDENT/S: 1 THE DISTRICT COLLECTOR KASARAGOD, CIVIL STATION, VIDYA NAGAR, PIN-671123 2 THE REVENUE DIVISIONAL OFFICER, KANHANGAD, R.D.O. OFFICE, PIN-671315 3 THE TAHASILDAR, HOSDURG, P.O.KANHANGAD, PIN-671315 4 THE DISTRICT POLICE CHIEF, KASARAGOD, PIN-671123 2025:KER:27634 WP(C) NO.29302 OF 2019 2 5 SMT.ALEEMA NEAR PILLARPEEDIKA, NJANIKADAVU, P.O., OZHINHAVALAPPU, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314 6 SRI.MUHAMMED AJMAL NEAR PILLARPEEDIKA, NJANIKADAVU, P.O., OZHINHAVALAPPU, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314 7 SRI.MUHAMMED ASHRAF, NEAR PILLARPEEDIKA, NJANIKADAVU, P.O., OZHINHAVALAPPU, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27634 WP(C) NO.29302 OF 2019 3 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 29302 OF 2019 ………………………………………………. Dated this the 01st day of April, 2025 J U D G M E N T The writ petition is filed challenging Ext.P6 order, refusing permission to renovate the dilapidated devasthanam. The petitioner submits that in view of the subsequent change in law, he can approach the local authority for the construction or reconstruction of a building for religious purposes or worship and also based on the Manual for guidelines issued by the Government dated 14.02.2021. 2. In view of the above, the petitioner is permitted to withdraw the writ petition without prejudice to his right to approach the Local Authority concerned, which will consider the application filed by the petitioner in accordance with the Rules/guidelines in force. Needless to say, the application will be considered independently on its merits and a fresh decision to be taken, as directed above and the rejection through Ext.P6 will 2025:KER:27634 WP(C) NO.29302 OF 2019 4 not stand in the way of consideration of the application in accordance with law, as aforesaid. The writ petition is disposed of as above. SD/- MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:27634 WP(C) NO.29302 OF 2019 5 APPENDIX OF WP(C) 29302/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGULATION CERTIFICATE DATED 09.12.2015 ISSUED BY THE DISTRICT REGISTRAR, KASARAGOD EXHIBIT P2 TRUE COPY OF THE MANUAL OF GUIDELINES TO PREVENT AND CONTROL COMMUNAL DISTURBANCE AND TO PROMOTE COMMUNAL HARMONY-2005 EXHIBIT P3 TRUE COPY OF THE CONSENT DATED 03.09.2015 IS SUBMITTED BY THE NEARBY RESIDENTS OF THE PETITIONER FOR INFORMING THE DISTRICT ADMINISTRATION AND LOCAL BODIES EXHIBIT P4 TRUE COPY OF THE RESOLUTION OF KANHANGAD MUNICIPALITY DATED 25.03.2017 EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 3.8.2019 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21.09.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE CONSENT ISSUED FOR DRAWING ELECTRICITY