https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 The petitioner is a Jamath. They purchased a property by virtue of seven registered sale deeds in piecemeal then and there from the year 1968 and arranged to build a Prayer Hall. The IMAM who conducted the five times prayer and the Mothinaar who maintain the Pallivasal were paid from the rentals received from the shops owned by the Pallivasal. Both the shops occupied by the tenants were vacated and after inspection of the Engineer belonging to the Revenue Department, a decision was taken to renovate the superstructure of the Pallivasal. The fourth respondent / Commissioner of Municipality has granted No Objection for construction. The petitioner paid the necessary fees also on 10.05.1991 after rectifying the defects. On 30.07.1996, the first respondent granted No Objection Certificate to construct the Mosque imposing 10 (ten) conditions. However, the third respondent rejected the plan on 30.10.1996. Again on 14.06.2000, the first respondent, without affording any opportunity, made two amendments in the earlier conditions suo motu. Thereafter, the Deputy Director of Town Planning also gave his consent to construct the Pallivasal on 05.09.2000. The petitioner has made basic arrangements, but to their shock and surprise, the No Objection Certificate granted by the first respondent was stopped by the first respondent himself vide proceedings in Na.Ka.No.(C.4) 114548/2003 dated 30.12.2003 under the 3/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 pretext that it will affect the Unity of the Muslim and Hindu Community and it will create law and order problem, based on the report of the fourth respondent. After repeated efforts, the first respondent refused to give No Objection Certificate in view of public order, law and order problems. Thereafter, the petitioner filed a Writ Petition viz., W.P.No.14102 of 2011, in which, this Court, by order dated 27.02.2014, directed the respondents therein to reconsider the issue after the general elections for Legislative Assembly. But without affording any opportunity of personal hearing, the first respondent passed the impugned order in Pa.Mu.E2/733/2012 dated 14.09.2014 rejecting the request of the petitioner. Challenging the same, the petitioner is before this Court.
2.Heard the submissions made by all parties and perused the materials available on record.
3.Record of proceedings shows that this Court, after hearing the contention of both sides, appointed an Advocate Commissioner so as to verify the documents produced by the petitioner-Jamath, the Temple authorities as well as the devotees of Arulmigu Kasi Viswanathaswamy Temple and in order to verify the possession and enjoyment of the land by 4/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 the petitioner – Jamath, for a long period. Accordingly, the Advocate Commissioner filed a detailed report on 09.08.2019. ADVOCATE COMMISSIONER'S REPORT
a) LOCATION :-
4.A perusal of the Advocate Commissioner's report reveal that the disputed property endowed to the Temple for the purpose of Kattalai, forms a portion of Tenkasi Bazaar Jumma Pallivasal Jamath, the petitioner herein. The Pallivasal is on the Amman Sannathi Street, Tenkasi, at a distance of about 50 metres from the Rajagopuram of Kasi Viswanathar Temple, Tenkasi. The Pallivasal is directly opposite to the Principal District Munsif Court, Tenkasi. The Pallivasal is situate along with row of shops that is bounded by the Amman Sannathi Street on the south, East Car Street on the west, Swamy Sannathi Street on the north and north- south road on the east. The Amman Sannathi Street and Swami Sannathi Street between which the Pallivasal is located constitute the main thoroughfares in Tenkasi Bazaar area. Further, both these two streets are used at time of all temple festivals for procession of deities from the temple.
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b) TITLE:-
5.The property consists of three parcels. Document No.906 of 1930 consists of two Schedules of property containing 3 items put together. The income out of the portion of the property was sales endowed for conducting Thirukarthikai Muzhukappu of Thenpalaniandavar Swamy Temple. In Document No.1772 of 1959, one P.Gomathinayagam, his son G.Pichaiah Pillai, grandsons P.Gomathinayagam, P.Velayutham and granddaughter G.Thayammal entered into partition. Item 3 of Schedule – IV of the partition deed is adjacent to the Pallivasal, which was endowed for the mandagapadi of Kasi Viswanathar Temple Masi Pooram Utsavam 5th day festivities.
6.The said P.Velayutham vide Document No.19 of 1986 sold three items of property to the petitioner. All these three items conveyed is free of all encumbrances and the expenses towards mandagapadi of Kasi Viswanathar Temple Masi Pooram Utsavam 5th day festivities would be met by Velayutham Pillai from his other properties.
7.The said Velayutham Pillai has also sold a portion of the 6/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 property under Document No.18 of 1986 to Jaffer Sadiq. The said Jaffer Sadiq vide Document No.603 of 1986 sold the property to Pallivasal. Vide Document No.607 of 1986, one Abdul Latif executed a sale deed for a portion of property purchased by him under sale deed No.1933 of 1985 from Velayudham Pillai. Thus, these properties were acquired by Pallivasal between 1985 and 1986.
c) CONCLUDING REMARKS:-
8.It is pertinent to note that the the properties purchased by the petitioner/Pallivasal is located between Swamy Sannathi Street and Amman Sannathi Street and on north-south road in front of Kasi Viswanathaswamy Temple. In the concluding remarks, the Advocate Commissioner has recorded that the Pallivasal is located in a very close proximity to the temple of Kasi Viswanathaswamy Temple, Tenkasi and directly opposite to the Principal District Munsif Court, Tenkasi. The temple procession takes place in two streets. Further, it is also recorded that the Pallivasal is in a dilapidated state without any roof and covered by Tarpaulin sheets to prevent seepage of rain water. Except the main prayer room and two other rooms to the front of the Pallivasal abutting Amman 7/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Sannathy Street, all others are incapable of regular usage due to dampness and deterioration of wall and ceiling plaster. The said Velayutham Pillai sold all these properties to the Pallivasal, which he derived from a family partition, subject to the obligation to carry on certain charities and endowments connected to Kasi Viswanathar Temple.
9.No details were found as to whether the Velayudham Pillai obtained permission from the Hindu Religious and Charitable Endowments Department before alienating the property, in the Advocate Commissioner's report.
COMMON COUNTER AFFIDAVIT OF THE FIRST RESPONDENT
10.Arulmigu Kasi Viswanathar Temple is an important historical holy place known for its historical and artful Architecture. It is a big temple having four car streets around the temple. The people from Tenkasi and surrounding villages are regularly coming to this temple and attending poojas. The temple is visited by the pilgrims coming from all over Tamilnadu and coming from all over India. As such, the temple becomes the heart of the town and bazaar of the town. The Muslim merchants of the bazaar area purposively purchased the land opposite to Sub-Court, Tenkasi 8/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 in the year 1968 and formed a Prayer Hall and named it as Tenkasi Bazaar Thoulugai Pallivasal, which is situated at a distance of 40 metres away from Arulmigu Kasi Viswanathar Temple. The Prayer Hall was used for their prayer purposes, without using loudspeakers and Vangu due to its location nearer to Kasi Viswanathar Temple.
11.When an attempt was made to construct a new building for the Mosque, after demolishing the old one in the year 1972, there was a communal clash between Hindus and Muslims affecting normal life for thirteen days. Riots between Hindus and Muslims were reported in 1972, 1979, 1984, 1985, 1997, 2000, 2001, 2006, 2007 and 2008 over the above issues.
12.Further, the Hindu Samudhaya Peravai pretesting against the construction of new Pallivasal, observed a fast on 07.11.1997. At the end of the fast, communal violence took place and cases were registered against both the parties in Tenkasi Police Station in Crime Nos.831/997, 832/1997, 833/1997, 834/1997 and 835/1997.
13.On 17.12.2006, one Kumarpandian, Town Secretary, Hindu 9/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Munnani, Tenkasi, who had been opposing the construction of new Bazaar Mosque was murdered by some Muslims and a case was registered in Tenkasi Police Station in Crime No.727/2006 under Sections 302, 120(b) read with 34 IPC and the same is pending in the Special Court for Communal Clash Cases, Madurai. As a fall out of the above incident, several incidents of rioting took place in Tenkasi.
14.On 14.08.2007, a riot broke out at LRS Palayam Junction, Tenkasi where both groups armed with deadly weapons attacked each other, which resulted in the murder of three Hindus and three Muslims. Cases were registered in Tenkasi Police Station in Crime Nos.460/2007 and 461/2007 and the same are pending trial in the Special Court for Communal Clash Cases, Madurai, in SC Nos.3/2010 and 2/2010.
15.On 06.05.2009, one Hindu group murdered one Mohamed Maideen, President, Cable TV Owner's Association near Bazaar Mosque.
16.The sequence of above events reveal that many incidents of communal violence, loss of human lives and damages to public and private properties have occurred in Tenkasi over the issue of construction of Bazaar Pallivasal.
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17.There are two Mosques available within a distance of 500 metres from the Bazaar area. The petitioner / Mosque situates very nearer to the ancient Kasi Viswanathar Temple and the use of loudspeakers in the Mosque would affect the routine poojas conducted in Arulmigu Kasi Viswanathar Temple and at the same time, the use of loudspeakers may lead to breach of peace.
18.Normally, Tenkasi is a calm town, wherein, all communities live together in a peaceful manner. But the construction of new Bazaar Pallivasal is the problematic and sensitive issue between Hindu and Muslim communities for the past four decades. The parties are not ready for compromise and the moves relating to the construction of Bazaar Pallivasal at all times resulted in communal clashes.
19.As per the directions of this Court, a thorough study was made by the second respondent – Superintendent of Police, Tirunelveli and the third respondent – Revenue Divisional Officer, Tenkasi, which reveals that the present situation of Tenkasi though appears to be calm and normal, the undercurrent ill feelings on the issue of construction of new 11/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Bazaar Pallivasal remains problematic and unchanged. If No Objection Certificate is given, it will once again repeat the history of communal violence and loss of lives. Therefore, No Objection Certificate was refused.
20.The statement made by the petitioner that the Engineer of the third respondent Office has given approval is absolutely incorrect and as such, no Engineer is available in the third respondent's office and the Revenue Divisional Officer is not the competent authority for plan approval and sanction. The petitioner has made a misleading statement that the Revenue Divisional Officer has given consent for approval of the building plan on imposing conditions. In fact, the Revenue Divisional Officer is not the competent authority to give approval. The petitioner submitted a plan approval to the fourth respondent and went ahead with the construction of Palivasal, even before the approval. There was a communal clash erupted pursuant to this preparation. The District Collector has given a No Objection Certificate for constructing a Prayer Hall instead of a new Mosque. But the new building was commenced with a view to build a new Mosque violating the permission and rules and therefore, the construction was stopped and the No Objection Certificate 12/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 issued on 30.07.1997 was amended as per the order dated 14.06.2000 and the above orders were stayed by the first respondent–District Collector on 30.12.2003. Therefore, in view of the violation of the No Objection Certificate and also to maintain public order, religious harmony and to avoid loss of lives, No Objection Certificate was stopped. COUNTER AFFIDAVITS OF THE 5TH AND 7TH RESPONDENTS
21.The fifth and sixth respondents are the worshippers and they have taken objection that the property belongs to “Kattalai”, which comes under the Hindu Religious and Charitable Endowments Department. The conveyance of the property without the permission of the Hindu Religious and Charitable Endowments Department is null and void. The petitioner is trying to put up a new Mosque under the pretext of repair and renovation and thereby caused communal disharmony and the peaceful atmosphere of ancient Kasi Viswanathar Temple and therefore, No Objection Certificate shall not be granted.
REJOINDER FILED BY THE PETITIONER 13/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014
22.In reply to the counter affidavits filed by the fifth and seventh respondents, the petitioner filed a rejoinder stating that they will construct a new Mosque without loudspeakers.
23.Therefore, the matter was taken up for final disposal and this Court was pleased to suggest alternative place and it was also agreed by the petitioner to shift the Pallivasal to a convenient place agreeable to the writ petitioner in a bigger space. Accordingly, officials of the Revenue Department identified many places and offered the same to the petitioner. AFFIDAVIT OF UNDERTAKING FILED BY THE PETITIONER
24.The Revenue Department had shown various sites to the petitioner and finally, come forward with identification of three places. However, an Affidavit of Undertaking dated 11.11.2019 has been filed by the petitioner that they will leave out the property, which was endowed to “Kattalai” for the services of Kasi Viswanathar Temple and build a new Mosque in an undisputed land without any Minarat or sound system and the Namaz / Prayers can be offered in the Prayer Hall without affecting the rights of the others. But, shifting the Prayer Hall far away from the Bazaar will not serve the purpose.
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25.I have considered the rival submissions.
26.When the matter was taken up for final hearing, a resolutory method was adopted and the official respondents were directed to find out an alternative site, which is convenient and agreeable to the petitioner. The writ petitioner also filed an Affidavit of Undertaking to such proposal. The official respondents had suggested three sites. One of the properties, in the considered opinion of this Court, was very near to the Sub Court, Tenkasi, measuring an extent of 8.33 Cents belongs to one Muslim was found to be a convenient place, which is away from the disputed area and double the size of the present property. But however, the petitioner is not willing to accept the purchase by the respondents in favour of the petitioner as it belongs to a Muslim. Therefore, this Court, has no other go, other than deciding the matter on merits.
27.At the outset, the petitioner would place their claim on the places of right conferred under Articles 25 and 26 of the Constitution of India. Articles 25 and 26 of the Constitution of India reads as under: 15/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 “25. Freedom of conscience and free profession, practice and propagation of religion -
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law -
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation-I : The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation-II: In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist 16/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 religion, and the reference to Hindu religious institutions shall be construed accordingly.
26. Freedom to manage religious affairs: -
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right -
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law”.
28.A reading of the above Articles will clearly show that right to freedom of religion is not an absolute right, but a conditional right. India is a secular Country. Citizens are equally entitled to freedom of religious conscience and the right freely to profess, practice and propagate religion. That right shall not affect the other persons religious beliefs. Right to profess a religion shall not lead to the above avowed object. Articles 25 and 26 of the Constitution of India clearly specify that this right is subject 17/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 to public order, morality and health. This right to profess religion is further subjected to the power of the State of making any law regulating any secular activity which may be associated with religious factors.
29.In that view of the matter, as observed above, the right to freedom of religion is not an absolute right and it shall be subject to public order, harmony and peaceful atmosphere to the citizens of India. The State is bound to provide a peaceful and harmonious atmosphere to its citizens. If any activity, which causes breach to the peace and harmony of the society, can be curtailed or regulated in a secular State. Therefore, the claim of the petitioner that they have an unobstructed absolute right to construct a new Mosque in a disputed area is subject to the discretion of the District Administration.
30.From the affidavit / written arguments filed by the second respondent – Superintendent of Police, it is noted that between 1973 and 2007, there are about 26 cases filed against Muslims. There are about 7 persons killed for this issue and four attempt murder cases are registered and 20 cases for rioting and hastening were registered. Other than this, 6 other cases are also registered against Muslims. 18/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014
31.On the basis of the complaint given by Muslim Community, there are around 19 cases registered against Hindus from the year 1973 to 2009. In 2 cases, in connection with murder of 7 persons registered, one attempt murder, 16 rioting and arsoning cases and one other case filed against them. In these cases, three accused were sentenced to undergo 7 years imprisonment and the appeals are pending.
32.Apart from this, in connection with these cases, 19 persons were detained under National Security Act and 14 persons under GOONDAS Act, from both the sides. Even now, the situation is worst and at any time, communal clash will burst out.
33.Apart from this, it is pertinent to note that from the Sketch produced by the learned Additional Advocate General, the Bazaar Mosque, as pleaded by the petitioner, in its affidavit is hardly 500 metres from the present place, where they seek to construct a new Mosque. There are around 23 Mosques within a short distance around Kasi Viswanathar Temple are existing. In a small area, like Tenkasi Town, where there are about 23 Mosques exist, the insistence of the petitioner that a Mosque 19/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 shall be constructed at this place in front of this ancient Kasi Viswanathar Temple within a distance of 40 metres appears, as rightly observed by the first respondent will affect the peace and harmony.
34.It is noted that historically there is long pending animosity prevailing between Hindus and Muslims of Tenkasi over several issues. In the year 1972, over the sudden erection of Pillaiyar Statue in a vacant place called Millath Nabi Thidal, there was a communal clash and cases were registered. On 15.09.1986, some 2000 Muslims came in Muharam Procession which went through the East Car Street adjacent to the Kasi Viswanathar Temple and it created violence and normalcy was brought out by conducting peace meeting. In the year 1987, an attempt was made to murder one Bharathi Subramanian, the State Hindu Dhesam Propaganda Secretary on 06.08.1987 and a case was registered. On 25.12.1990, at Tenkasi, some unknown persons set fire to the shop of K.S.K.Pandian, Secretary, BJP, Tenkasi and a case was registered. Again, on 07.09.1991, some unknown persons set fire to the cycle shed of one Muthumalai and a case was registered in connection with this issue. Some unknown persons sent threatening hand written letters to all shop owners in Tenkasi Main Street and in this connection, a case was registered. All these cases are 20/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 related to communal disharmony between Hindus and Muslims and all these cases were disposed of. On 07.11.1997, Hindus observed a token fast in front of Kasi Viswanathar Temple and it resulted in violence, by throwing stones on Muslims and broke the glasses of India Silk House, a Muslim shop, in which, a case against 25 named Hindu members were registered.
35.In retaliation to this, one Zaheer Hussain with about 120 members unlawfully assembled themselves and wrongfully entered the house of one Shanmuganathan and caused head injuries and a case was also registered.
36.Again, in retaliation, Hindu community unlawfully assembled and wrongfully entered the house of one Shahul Hameed and attacked him with deadly weapons and damaged the property and threatened him with dire consequences and in this connection, a case was also registered.
37.When the District Collector rejected the request of the petitioner to construct Pallivasal, on 17.12.2006, one Kumarpandian, 21/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Sekar and Subramanian were attacked with sword and knife by Abdullah, Hanifa and Sulaiman in which Kumarpandian died. The said Kumarpandian is one of the persons, who vehemently opposed the construction of new Bazaar Pallivasal.
38.The list of cases registered are elicited in the affidavit filed by the second respondent Superintendent of Police, as under, which would be beneficial for our ready reference:
“7.In continuance of the above murder, rioting took place in various parts of Tenkasi Town for which following cases have been registered:
IPC. On 18.12.2006 pretest of the murder of Kumarpandian about 60 Hindus organized and attacked the shop of VTSR a Muslim and caused damages. This case has been disposed.
➢ Tenkasi PS Cr.No.729/2006 U/s.436 IPC.
On 19.12.2006 some unknown Hindus set fire on the thatched shed in front of the shop of one Abdul Baseed S/o. Kamal Basha and 22/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 caused damages. This case has been disposed. ➢ Tenkasi PS Cr.No.730/2006 U/s.147, 148, 341, 294(b), 323, 324 IPC. On 18.12.2006 in which have some five Hindus waylaid the complainant Ahamed S/o.Mohamed Yousuf on his way to Azad Pallivasal for prayer and attacked and caused injury. This case has been disposed.
IPC. On 20.12.2006 one Balasubramanian and 3 other Hindus set fire on the shop of one Syed Abdul Kadhar S/o.Mustafa and caused damage. This case has been disposed.
IPC. On 22.12.2006 one Vinayagam, S/o.Ramasamy cut down the Banana Plants in the garden of VTSR and caused damage. This case has been disposed.
➢ Tenkasi PS Cr.No.736/2006 U/s.436 IPC.
On 18.12.2006 one Venkataraman alias Selva, S/o. Ramasamy Naidu set fire on the thatched shed in front of tea shop owned by one Raja S/o. Syed Appas and caused 23/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 damage. This case has been disposed.
➢ Tenkasi PS Cr.No.737/2006 U/s.505(2) IPC. On 20.07.2006, one Bala and Kumar pasted posters instigating the religious feelings in Malayan Street, Tenkasi. This case has been disposed.
➢ On 02.03.2007 an attack was made by members belonging to Hindu community on one Mohaideen Sait Khan the District Secretary, Tamilnadu Muslim Munnetra Kazhagam, Tirunelveli. One Senthilkumar @ Senthil, S/o.Sorna Thevar, Surendar, S/o.Subbiah and Kabilan S/o.
Muthupandian attacked and assaulted the District Secretary Tr.Mohideen Sait Khan. In this connection a case in Tenkasi P.S. Cr.No.143/2007 u/s.307, 506(ii) IPC was registered. In continuation of this, the rioting occurrences took place in Tenkasi for which following cases were registered.
➢ Tenkasi PS Cr.No.144/07 U/s.322 IPC 3 of TNPPDL Act. On 02.03.2007 one Syed Ali 24/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 and 4 other Muslims pelted stones on the STC bus near bus stand and caused damages to the bus and caused injury to the driver of the bus. This case has been disposed.
IPC. On 02.03.2007, one Zahir Hussain and 14 others forcefully entered in to the Subbu tea stall owned by Shunmugasundaram and caused damages. This case has been disposed. ➢ Tenkasi PS Cr.No.146/2007 U/s.147, 295, 427 IPC. On 02.03.2007 one Zahir Hussain and 15 others forcefully entered Pudumanai Street and damaged the Sudalai mada swami temple idol and doors. case is pending trial. ➢ Tenkasi PS Cr.No.147/2007 U/s.147, 148, 427 and 506(ii) IPC. On 03.03.2007 one Barakathullah and 9 others forcefully entered into the house of the Poul Asirvatham with aruval, sword and wooden logs and attacked his car. This case is pending trial.
IPC. On 03.03.2007 one Zahir Hussain and 25/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 14 others attacked the house of one Muthukumar S/o.Subramanian. This case is pending trial.
➢ Tenkasi PS Cr.No.149/2007 U/s.435 IPC.
On 03.03.2007 one Zahir Hussain and 9 others set fire on the thatched shed of one Ramachandran in Sundaravinayagar Street, Tenkasi. This case is pending trial.
➢ Tenkasi PS Cr.No.150/2007 U/s.147, 427, 379 IPC. On 03.03.2007 one Rajappa and 16 others damaged the mutton shop of Velusamy in Malayan Street and stolen 3 sheeps. This case has been disposed.
➢ Tenkasi PS Cr.No.151/2007 U/s.3 of TNPPDL Act. On 03.03.2007 one Jaleel and Syed caused damage to the bus TN 32 1186 by pelting stones in front of Thangapandian Hospital. This case has been disposed.
➢ Tenkasi PS Cr.No.151/2007 U/s.147, 295, 427 IPC. On 02.03.2007 one Rajappa @ Mohamed Mohideen and 12 others forcefully entered into the community hall of 26/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Senaithalaivar Community and damaged wall pictures of the deities and other properties. This case has been disposed.
➢ Tenkasi PS Cr.No.153/2007 U/s.436 IPC.
On 02.03.2007 one Bhathusha and 14 others set fire on the Krishnaveni Dairy Farm and caused damage. This case has been disposed. ➢ Tenkasi PS Cr.No.154/2007 U/s.341, 323, 435, 307 IPC. On 03.03.2007, one Syed Ali S/o.Segure Hameed and 30 others waylaid one Chermaraj and Murugan, caused injuries and set fire to their two wheeler. This case has been disposed.
➢ Tenkasi PS Cr.No.157/2007 U/s.435 IPC.
On 04.03.2007 one Bala Subramanian and 3 others set fire on the roof of thatched house of Sahul Hameed S/o.Mohideen Pitchai in Anaikarai Street, Tenkasi. This case has been disposed.
➢ Tenkasi PS Cr.No.163/2007 U/s.294(b) IPC. One Kumar @ KTC Kumar and 7 others abused the muslim ladies in Puthumanai Street, Tenkasi. This case has 27/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 been disposed.
➢ Tenkasi PS Cr.No.164/2007 U/s.435 IPC.
One Ahemed Shaw and 3 others put fire on the Auto owned by one Mariyappan in Sornarajapuram Street, Tenkasi. This case has been disposed.
8.The deep rooted enmity over the construction of Bazaar Pallivasal did not end with the above mentioned murder, attempt to murder and rioting cases. The following two murder cases which caused the death of 6 persons and 3 on both sides reveals the intensity of enmity that has prevailed between the two communities over the issue.
➢ Tenkasi PS Cr.No.460/2007 U/s.147, 148, 341, 370, 302, 109 IPC. On 14.08.2007 at about 10.15 hours one Sakthi Pandian S/o.Sornathevar and 21 others formed themselves into an unlawful assembly, assaulted the complainant Allaudding and his associates, in which Basheer @ Mohamed Basha, Asan Kani and Nagoor Meeran were murdered and 8 others sustained injuries.
28/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 This case is pending trial.
➢ Tenkasi PS Cr.No.461/2007 U/s.147, 148, 341, 302, 307, 120(b) IPC. On 14.08.2007 at 16.15 hours one Nagoor Hanifa, Murugesan @ Abdullah and 26 others in retaliation to the attack made by the accused in Cr.No.460/2007 assaulted them and killed Senthil @ Senthilkumar S/o.Sornathevar, Sekar, S/o.Sornathevar, Suresh S/o.Sornathevar and caused injuries to others. This case is pending trial.
➢ Tenkasi PS Cr.No.107/2008 U/s.120(b), 427 IPC 4 and 5 of Indian Explosives Substances Act. On 24.01.2008, the retaliation of the earlier incident, Ravi @ Arumugam and 7 others has blasted country made bombs. This case is pending trial.
➢ Tenkasi PS Cr.No.108/2008 U/s.120(b), 307 IPC 3 and 5 of Indian Explosives Substances Act. On 24.01.2008, the retaliation of the earlier incident, Ravi @ Arumugam and 7 others has blasted country made bombs. This case is pending trial.
29/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 ➢ Tenkasi PS Cr.No.271/2009 U/s.147, 148, 302, 307, 120(b) r/w 109 and 149 IPC. On 06.05.2009, one Mr.Mohd. Maideen was murdered by Murugan and 7 others which ended in conviction and on appeal, the conviction was set aside.
9.It is humbly submitted that further there are 20 Pallivasals in the Municipality limit of Tenkasi Town. All the Pallivasals are located very near to the said Tholugai Pallivasal. The list of Pallivasals with their distance from Bazeer Tholugai Pallivasal are furnished here:-
Pallivasals which are located well within 1000 metres from the Bazaar Tholugai Pallivasal:-
1. Koolakadai Rappaniya Pallivasal
2. Mariyakkar Pallivasal
3. Arippukara Street, Rajmiyal Pallivasal
4. Kadaya Street Pallivasal
5. Inthuvarnam Periya Pallivasal
6. Thavalapuram Ponniparai Pallivasal
7. S.K.P.Street Seyad Kurakkal Pallivasal 30/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014
8. Nadupettai Mohideen Andavar Pallivasal
9. Thaikka Street Ikkiya Jamath Pallivasal Pallivasals which are located well within 2000 meters from the Bazaar Tholugai Pallivasal:-
1. Thaikka Street TNTJ Pallivasal
2. Nadupettai TNTJ Pallivasal
3. JAHQ Near VTSR Mahal Pallivasal
4. Pudu Pallivasal
5. Mount Road TMMK Pallivasal
6. Inthuvaranam Kilai Melaparaiyadi Street Pallivasal
7. Malik Pallivasan Railway Gate
8. Vembadi Pallivasal
9. Abath Pallivasal
10.Inthuvaranam Kilai Kodimaram Pallivasal
11.Sornapuram Pallivasal
39.A perusal of the above paragraphs clearly show that the right to profess the religion is not denied, but there are lot of places to pray. Any Temple or Church or a Mosque is the place to prayer of all people having respective religious faith. It is common for all. Even, a person having different religious faith can pray in any of these places. It is common in this Country a Hindu praying at Church and Mosque. Muslims' going to 31/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 Mariamman Temple in certain parts of the State and Christians visit their ancestral temples and festivals in their native places. Secularism teaches to be brothers and sisters. With this noble object, the framers of the Constitution have included secularism as basic structure of the Constitution. Any action affront to the avowed object will attach the basic structure which cannot be permitted at all times. Therefore, insistence that a new Mosque shall be constructed at a communally sensitive place, while more than 20 Mosques available for prayer within short distances, does not appear to be conducive to the secular fabric of this Country and peace and harmony.
40.Therefore, from perusing the entire materials placed before this Court and also the impugned order passed by the first respondent, it is noted that the first respondent has applied his mind to the series of events caused lose of lives and also with the object of maintaining peace and harmony and to avoid law and order problem in consonance with Articles 25 and 26 of the Constitution of India has rightly taken a right decision to reject the request of the petitioner for issuing No Objection Certificate for constructing a new Bazaar Mosque near the ancient temple viz., Kasi Viswanathar Temple, which is sandwiched between Swami Sannathi Street 32/35 https://www.mhc.tn.gov.in/judis/ WP (MD) NO.16969 OF 2014 and Amman Sannathi Street and also a busy bazaar area of Tenkasi, where number of shops are situated. Therefore, the prayer made by the writ petitioner cannot be accepted in view of the secular fabric of this Country and for the maintenance of communal harmony and public peace.
41.In fine, the Writ Petition is dismissed. No costs.