1. Petitioner challenges Ext.P4 order inter alia contending that though he had objected to the putting up of a Mosque in the neighbouring property in which he is residing, the District Collector has passed the order in violation of the principles of natural justice. According to the petitioner, if a Mosque is put up by the side of his property, it will cause nuisance and affect his peaceful living in the said property.
2. Perusal of Ext.P4 would indicate that the District Collector had conducted an enquiry with reference to the allegations raised by the petitioner. The District Collector has obtained a report from the Tahsildar in which it is stated that no toilet has been W.P.(C)No.15307 of 2014 -:2:-
constructed on the cellar portion and therefore there is no reason for the apprehension of the petitioner. That apart, it is observed that the doors should not be opened towards the building of the petitioner. On these conditions, permission has been granted.
3. Having regard to the fact that the petitioner's grievance has been taken into consideration and necessary enquiry was conducted by the Tahsildar, the petitioner's grievance that he was not heard does not subsist. Merely for the reason that a Mosque has been constructed near the property of the petitioner does not mean that the petitioner can object for the same. Since the Mosque has been constructed complying with the statutory provisions, the petitioner cannot have any legal grievance in the matter. However, if the petitioner finds that on account of construction of the Mosque, any nuisance is caused to him, it shall be open W.P.(C)No.15307 of 2014 -:3:-
for him to approach the civil court for appropriate reliefs. Writ petition is hence dismissed.
A.M.Shaffique, Judge.
sl.