The Madras High Court while hearing a review application seeking removal of construction of mosque nearby a place of temple held that a review should not be camouflaged as an appeal.
The Madras High Court while hearing a review application seeking removal of construction of mosque nearby a place of temple held that a review should not be camouflaged as an appeal.
Case Title: K Gopinath v District Collector
Case No: Review Application No.104 of 2023 in W.P.No.11438 of 2023
Decided on: 16 November, 2023
CORAM: HON’BLE MR. SANJAY V. GANGAPURWALA, HON’BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Introduction
The Madras High Court while hearing a review application filed by K Gopinath seeking removal of construction of mosque nearby a place of temple held that a review should not be camouflaged as an appeal.
Facts of the Case
The petitioner filed a review application under Order 47 Rule 1 CPC read with Section 114 of CPC for reviewing an order passed on 17th April 2023 by the Co- ordinate Bench regarding the turning of Rabbaniya Arabic College into mosque.
Initially, K Gopinath filed a petition seeking directives from the District Collector, Corporation Commissioner, and Commissioner of Police to dismantle an alleged unauthorized construction undertaken by Rabbaniya Arabic College. Based on the contention that the ongoing construction lacked prior approval from the authorities.
He filed the petition and a review application on the same grounds that construction of mosque nearby the place of Subbaiah Mutt Sivan Temple will create public nuisance.
Courts analysis and decision
The court held that the no new grounds were provided in the review application and that the jurisdiction of court is narrow regarding this matter. And the same can be utilized only in cases where a glaring error is discernible on the record.
The court while dismissing the review application held that the fearalleged by petitioner that riots would break out if the college was turned into a mosque was unfounded because religious peace was already supported and fostered in India related to the Constitution.
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Written by- Rupika Goundla