In a village at Amarambalam in Nilambur, Malappuram, a Supreme Court observation over the construction of a mosque has reignited a legal battle that has been dragging on for eight years. Noorul Islam Samskarika Sangham, a Muslim organisation based at Amarambalam, wanted the commercial building converted into a mosque and when the authorities denied permission, it moved the SC.

The SC observed last week that permission for constructing or converting a building into a mosque cannot be denied solely on the ground that other mosques already exist nearby. Earlier, the revenue department had reported that nearly 30 mosques exist within a five-kilometre radius of the proposed site.

The controversy dates back to 2018, when the construction of a building was completed at Thottekkadu, a hilly locality near Nilambur. The privately owned structure was registered with the Amarambalam panchayat as a commercial building. After construction, however, the owners donated the building to the Noorul Islam Samskarika Sangham as waqf property, with the intention of converting it into a mosque.

Following the donation, the Sangham approached the panchayat seeking a change in occupancy from commercial to religious use. Though the panchayat forwarded the request to the District Collector, permission was denied based on a report submitted by the Additional District Magistrate, which stated that around 30 mosques already function within a five-kilometre radius of the building.

The Collector's order rejecting the permission noted that the office bearers of the Nurul Islam Samskarkika Sangham adopted the method of first constructing a commercial building and then applying to convert the said building into a place of worship as an easy way to circumvent the law because they are aware that if an application is submitted in a legal manner to construct a mosque at the location, permission will not be granted. 

"The residents of the area are opposed to the conversion of the said commercial building into a Muslim place of worship and that if permission is granted, there is a possibility of violation of law and order and that the peaceful atmosphere prevailing in the area will be disturbed," the report said.

Annie M George, a resident of an adjacent plot, had also submitted a complaint to the panchayat opposing the proposed conversion. Subsequently, the Sangham moved the Kerala High Court challenging the denial, but the court declined to grant relief. The organisation later approached the SC, which has issued notices to the respondents, including the Malappuram Collector, the Secretary of Pookkotumpadam grama panchayat, the Malappuram District Police Chief and the complainant, Annie M George.

Abdul Razak, a representative of the Sangham, alleged that the firm opposition from the complainant prompted the authorities to reject the request. He said the complaint led the revenue authorities to prepare a report on the number of mosques in the surrounding area.

"There is no mosque in our immediate locality. The nearest mosque is about 1.5 km away from Thottekkadu. There is nothing wrong in demanding the conversion of this building into a mosque as the property was donated for the religious purpose. It is meaningless to argue that the new mosque would cause communal tension in the area," Razak said.

Meanwhile, Annie George said that she had approached the authorities with a complaint, stating that the area is already saturated with mosques. "There are fewer than ten Muslim families living here. The majority of residents are Hindu and Christian families. There is no need for a new mosque in this area," she said.

She alleged that the move was planned, claiming that a commercial building was constructed in the guise of a mosque, as permission to build a new mosque in the area would not have been granted. According to her, the intention was to later convert the building into a religious place. "I will continue my legal fight, and I have the support of many social organisations," she added.

Razak said the Sangham is hopeful that the SC's final verdict would be in favour of them as the observations made by the court supported conversion of building to mosque.