Local bodies now authorized to approve construction of places of worship: High Court lifts stay

THIRUVANANTHAPURAM: For the construction of places of worship, the permission of the local bodies is required instead of the collector from now on. The government issued the new order because the High Court had lifted the stay against it. The order was issued by the Additional Chief Secretary of the Home Department for the District Collectors. On February 14, 2021, the Kerala Panchayat and Municipality Building Rules were amended and an order was issued as per GO(P)19/2021.

This order was to amend the law requiring prior approval of the district administration for the construction of places of worship and transfer the authority to the local bodies. However, this was stayed by the High Court.

The High Court stayed the government's order on a petition filed by St. Peter's and St. Paul's Orthodox Church in Chalishery regarding the construction of the shrine.

According to the law, permission should be given after the district administration collects and evaluates confidential information, including whether permission to build a place of worship will cause any kind of conflict. However, according to the government order which amended the norms, the powers of the district administration in this regard have been transferred to the local self-government bodies. Chalisery St. Peter and St. Paul's Orthodox Church approached the High Court questioning this.

The powers and responsibilities of local bodies are defined as per Article 243 of the Constitution. Matters related to panchayat institutions are also in the 11th schedule. However, the High Court stayed the order stating that the collection of secret information and policy formulation do not fall within the ambit of Schedule 11. After the High Court disposed of this petition, the government issued a new order in this regard. The order also states that permission can be given to local bodies for the construction or renovation of places of worship.