Case Note & Summary
By way of a writ appeal preferred under Clause 15 of the Letters Patent, the appellant challenged the order dated 07.08.2024 passed in W.P.No.18325 of 2021 by a learned Single Judge of the High Court of Judicature at Madras dismissing his writ petition. The appellant was the Secretary of Masjid-E-Aalishaan, a mosque situated at Usman Lane (Munro Lane), Military Quarters, St. Thomas Mount, Chennai, which admittedly stood on army land. The respondent was the Brigadier, Station Commander, Station Headquarters, PIN (Army) 900 432, Fort St. George, Chennai. The grievance of the appellant was that the Station Commander of the Indian Army was not permitting civilians to offer prayers in the subject mosque located inside the military quarters. The appellant submitted a representation to the Brigadier/Station Commander, who considered it and passed a speaking order on 29.06.2021. In that order, the authority relied on Rule 14(vi) of Chapter IV of the Cantonment Land Administration Rules, 1937, which stated that the erection of a mosque or other religious building on defence land for the use of a community was not justifiable unless it could be shown that the individuals affected would, by reason of circumstances of their official employment, suffer real hardship if the facility were granted. The authority also referred to Rule 14(vi)(b), which provided that religious buildings erected in the lines were primarily for the use of men connected with the unit and no outsiders would be permitted to use such buildings without the authority of the officer commanding. Consequently, the Station Commander rejected the representation and recorded that Masjid-E-Aalishaan, erected inside Usman Lane Military Quarters, was primarily for the use of men connected with the unit and strictly not for outsiders as per the Cantonment Land Administration Rules, 1937. Before the Division Bench, the learned counsel for the appellant submitted that entry for outsiders was prohibited during the Covid-19 period. The Court, however, rejected that contention, observing that the High Court could not interfere with an administrative decision taken by military authorities for not allowing outsiders to enter Army premises for worship or otherwise. It was emphasized that it is the prerogative of the administration to take a decision whether to permit outsiders or not. The Court noted that in the present case the authority had relied on the Cantonment Land Administration Rules, 1937, and had taken a decision not to permit outsiders. It also recorded that the writ Court had elaborately considered the facts and legal principles and rejected the writ petition. Finding no further reason to interfere with the impugned writ order, the Division Bench dismissed the writ appeal and consequently dismissed C.M.P.No.8488 of 2025 with no costs.
Headnote
A) Administrative Law - Judicial Review of Military Administrative Decisions - High Court Cannot Interfere with Military Authority's Prerogative to Restrict Entry of Outsiders into Army Premises for Worship - Cantonment Land Administration Rules, 1937, Rule 14(vi) and Rule 14(vi)(b) - The appellant sought to allow civilians/outsiders to offer prayers in a mosque situated on army land. The Station Commander rejected the representation by a speaking order dated 29.06.2021 relying on Rule 14(vi) which states that religious buildings on defence land are primarily for use of unit personnel and outsiders are not permitted without authority of the officer commanding. The Court held that the decision whether to permit outsiders is an administrative prerogative and courts cannot interfere with such decisions; the writ Court had correctly dismissed the petition. Held appeal dismissed, C.M.P.No.8488 of 2025 dismissed, no costs (Paras 2-4).
Issue of Consideration
Whether the High Court can interfere with the administrative decision of military authorities refusing permission to outsiders/civilians to offer prayers in a mosque situated inside army quarters under the Cantonment Land Administration Rules, 1937.
Final Decision
The writ appeal was dismissed. Consequently, C.M.P.No.8488 of 2025 was also dismissed. No costs were awarded. The Court upheld the order dated 07.08.2024 passed in W.P.No.18325 of 2021.
Law Points
- Rule 14(vi) of Cantonment Land Administration Rules
- 1937 prohibits erection of religious building on defence land for community use unless real hardship shown
- religious buildings primarily for unit personnel
- no outsiders without authority of officer commanding
- courts cannot interfere with administrative prerogative of military authorities
