Review Cannot Be Disguised Appeal: Madras High Court Dismisses Man’s Plea Against Order Upholding Construction Of Mosque Near Temple

Noting that no new grounds were set up in the review, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that an appeal could not be disguised as a review and that the jurisdiction of the court in the review was very narrow and could be exercised only if there was an apparent error.

“No new grounds are set up in review. The review cannot be entertained as an appeal in disguise. The jurisdiction of this court in review is in a narrow compass and can be exercised only upon an error apparent on the face of the record. There is no error apparent on the face of the record,” the court said.

The petitioner, Gopinath had initially filed the writ petition seeking directions to the District Collector, Corporation Commissioner and Commissioner of Police to remove an alleged unauthorised construction put up by one Rabbaniya Arabic College.

Gopinath had alleged that a lodge had been used as Rabbaniya Arabic College for the past four years and that attempts were being made to convert the Arabic College to a mosque for offering prayers there.

He alleged that the construction was going on without prior approval from the authorities and no action had been taken on his representation made to the authorities, highlighting the issue.

Petitioner further alleged that Subbaiah Mutt Sivan Temple was situated nearby and if the college was converted into a mosque, then there would be public nuisance.

A coordinate bench had earlier dismissed the plea noting that Gopinath had no locus standi to file the petition as he was not a resident of the area. The court had also noted that the petitioner had failed to show how he would be prejudiced by the act of converting the college into a mosque.

While dismissing his plea, the bench had even highlighted that the Constitution supported and encouraged religious harmony in India and when such religious harmony existed in the country, there was no substance in the apprehension that riots may occur if the college was converted into a mosque.

On review, finding that there was no error in the coordinate bench’s earlier decision and no new grounds had been raised, the court dismissed the present petition.

Counsel for the Applicant: Mr.M.Arun for M/s.Deepan Uday

Counsel for the Respondents: Mr.P.Muthukumar State Government Pleader

Citation: 2023 LiveLaw (Mad) 374

Case Title: K Gopinath v District Collector

Case No: Review Application No.104 of 2023 in W.P.No.11438 of 2023