IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 3907 of 2009(M) ------------------------- PETITIONER(S): ------------------------ K.A.ABOOTTY HAJI "AYISHAS" SIVAPURAM DESOM, P.O.SIVAPURAM, VIA MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.V.V.ASOKAN SRI.MAHESH V. MENON RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, KANNUR 2. SECRETARY MALOOR GRAMA PANCHAYATH,MALOOR, THALASSERY TALUK. 3. SECRETARY AND CHAIRMAN OF ART OF AND HERITAGE COMMISSION, LOCAL SELF GOVERNMENTS DEPARTMENT,SECRETARIAT ANNEXE,THIRUVANANTHAPURAM. 4. SIVAPURAM JAMA-ATH COMMITTEE REPRESENTED BY ITS SECRETARY -POYILIL ABOOBACKER HAJI, SIVAPURAM, VIA MATTANNUR, KANNUR DISTRICT. 5. C.ABOOTTY HAJI PRESIDENT, SIVAPURAM JAMA-ATH COMMITTEE SIVAPURAM, VIA MATTANNUR, KANNUR DISTRICT. 6. THIRUVANGADAN LATHEEF SECRETARY IN CHARGE,SIVAPURAM JAMA-ATH COMMITTEE SIVAPURAM, VIA MATTANNUR, KANNUR DISTRICT. ADV. SRI.R.SURENDRAN FOR R4-6 SRI.CIBI THOMAS FOR R2 GOVERNMENT PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3907/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PHOTOGRAPH SHOWING THE SIVAPURAM JAMA ATH MOSQUE. EXT.P1(a): TRUE COPY OF THE PHOTOGRAPH SHOWING THE SIVAPURAM JAMA ATH MOSQUE. EXT.P1(b): TRUE COPY OF THE PHOTOGRAPH SHOWING THE SIVAPURAM JAMA ATH MOSQUE. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P2(a): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH COPIES TO RESPONDENTS 5 TO 8. EXTS. OF R3 EXT.R3(a): COPY OF THE REPORT OF THE ARCHAEOLOGICAL DEPARTMENT. EXTS. OF R4 EXT.R4(a): TRUE COPY OF THE COMPACT DISC CONTAINING THE VIDEOGRAPH OF THE SIVAPURAM JUMA MASJID. EXT.R4(b): TRUE COPY OF THE PLAN OF THE EXISTING SIVAPURAM JUMA MASJID BUILDING. EXT.R4(c): TRUE COPY OF THE MINUTE'S BOOK OF THE GENERAL BODY MEETING OF THE MAHAL COMMITTEE CONDUCTED ON 7.12.2007. EXT.R4(d): TRUE COPY OF THE MINUTE'S BOOK OF THE GENERAL BODY MEETING OF THE MAHAL COMMITTEE CONDUCTED ON 23.01.2009. EXT.R4(e): TRUE COPY OF THE PLAN DATED 6.1.2009 SANCTIONED AND ISSUED BY THE MALOOR GRAMA PANCHAYAT. EXT.R4(f): TRUE COPY OF THE PERMIT DATED 6.1.2009 SANCTIONED AND ISSUED BY THE MALOOR GRAMA PANCHAYAT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 3907 OF 2009 (M) ===================== Dated this the 25th day of March, 2010 J U D G M E N T The prayer sought in this writ petition is to direct respondents 1 to 3 to take steps to preserve the mosque- Sivapuram Jama Ath as an ancient monument and to prevent its demolition. Further direction requiring respondents 1 to 3 to issue necessary proceedings forbearing respondents 4 to 6 from demolishing or in any way disturbing the basic structure of the mosque is also sought for. 2. The writ petition was filed on the basis that the mosque is an ancient monument. In order to ascertain the correctness of this assertion of the petitioner, this Court by order dated 18th of March, 2009 directed the 3rd respondent to get the mosque inspected by the Archaeological Department of the Government of Kerala and to report whether the mosque is of any archaeological importance. In compliance with the said order, an inspection was conducted by Sri.B..Balamohanan, Documentation Officer, Archaeological Museum, Trichur and his report is Ext.R3 (a). Based on the above report, the Director in charge of the WPC No. 3907/09 :2 : Department of Archeology has submitted his letter dated 8/6/09 to the Government of Kerala to the effect that the mosque in question is not having any archaeological importance. 3. Now that the expert opinion suggests that the mosque is not having any archaeological importance, the premise on which the writ petition has been filed has been proved to be incorrect. If that be so, there arise no question of issuing any direction as sought for by the writ petitioner. Writ petition is therefore only to be dismissed, and I do so. ANTONY DOMINIC, JUDGE Rp