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2024 Supreme(Online)(KER) 11923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
WP(C) NO. 7745 OF 2020
PETITIONERS:
1
VISWAMBARAN
S/O.SANKUNNY, PAMPUMKADAN HOUSE,
THALORE.P.O, TRICHUR-680306
2
CHANDRAN
S/O.VELAYUDHAN, PAMPUMKADAN HOUSE, THALORE.P.O,
TRICHUR-680306
BY ADVS.
SMT.V.P.SEEMANDINI (SR.)
SRI M.R.ANISON
SMT.V.BHARGAVI (PANANGAD)
SMT.P.A.RINUSA
RESPONDENTS:
1
STATE OF KERALA
REP BY ITS SECRETARY TO GOVT, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPRUAM-695001
2
THE DISTRICT COLLECTOR,
COLLECTORATE, TRICHUR-680001
3
THE VICAR
INFANT JESUS CHURCH, THALORE,
THRISSUR DISTRICT-680306
4
THRISSUR ARCHDIOCESE REP
BY ITS PRESIDENT, ARCH BISHOP BISHOP HOUSE,
THRISSUR-680005
5
CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY,
SHIKSHA KENDRA, 2N,
COMMUNITY CENTRE,
PREETH VIHAR,
DELHI-110092
NENMANIKKARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, CHITTISSERY.P.O,
PALIYEKKARA, THRISSUR DISTRICT-680005
BY ADVS.
SMT.K.R.DEEPA, SPL.GOVT.PLEADER (LSGD)
SRI KURIAN GEORGE KANNANTHANAM (SR.)
SRI.LINDONS C.DAVIS
SRI.NIRMAL S., SC, CBSE
SRI.C.HARIKUMAR
SRI.RAJITH DAVIS
SRI.RENJITH RAJAPPAN
SMT.E.U.DHANYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.07.2024, ALONG WITH WP(C)NOS.7787/2020 AND 2712/2021, THE
COURT ON 19.7.2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
WP(C) NO. 7787 OF 2020
PETITIONERS:
1
JOY EDUTHAN
S/O.E.V.ANTONY,EDUTHAN HOUSE,THALORE, THRISSUR,PIN-
680306.
2
VINCENT.T.C,
S/O.CHIRAYATH THRISSOKARAAN CHAKKU, THRIKKUR
VILLAGE,MUKUNDAPURAM TALUK, THALORE,THRISSUR,PIN-
680306.
3
P.J.XAVI,
S/O JOSEPH,PORATHUR HOUSE,
THAIKKATTUSERY.P.O,TRICHUR DISTRICT, PIN-680306.
BY ADVS.
S.KARTHIKA
SMT.PREETHY KARUNAKARAN
RESPONDENTS:
1
STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HOME
DEPARTMENT, THIRUVANANTHAPURAM-695001.
2
DISTRICT COLLECTOR,
COLLECTORATE,THRISSUR-680001.
3
NENMANIKKARA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PALIYEKKARA,CHITTISSERY.P.O,THRISSUR DISTRICT,PIN-
680301.
4
THE VICAR,
INFANT JESUS PARISH CHURCH, THALORE,THRISSUR,PIN-
680306.
CMI INFANT JESUS MONASTERY
REPRESENTED BY PRIOR, THALORE, THRISSUR, PIN - 680
306
ARCHBISHOP
THRISSUR ARCH DIOCESE, CATHOLIC BISHOPS HOUSE,
P.B.NO.706, THRISSUR - 680 005.
BY ADVS.
SMT.K.R.DEEPA, SPL.GOVT.PLEADER (LSGD)
SRI.C.HARIKUMAR
SRI KURIAN GEORGE KANNANTHANAM (SR.)
SRI.LINDONS C.DAVIS
SRI NIRMAL.S(B/O)
SRI.RENJITH RAJAPPAN
SRI RAJITH DAVIS
SRI PRASAD CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.07.2024, ALONG WITH WP(C)NOS.7745/2020 AND 2712/2021, THE
COURT ON 19.7.2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
WP(C) NO. 2712 OF 2021
PETITIONERS:
1
VISWAMBARAN
S/O SANKUNNY, PAMPUMKADAN HOUSE, THALORE P.O,
THRISSUR-680 306.
2
CHANDRAN,
S/O VELAYUDHAN, PAMPUMKADAN HOUSE, THALORE P.O,
THRISSUR-680 306.
BY ADVS. SMT.V.P.SEEMANDINI (SR.)
SRI M.R.ANISON
SMT.V.BHARGAVI (PANANGAD)
SMT.P.A.RINUSA
RESPONDENTS:
1
STATE OF KERALA
REP BY ITS SECRETARY TO GOVT, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2
THE SECRETARY,
NENMANIKKARA GRAMA PANCHAYAT, CHITTISSERY
P.O.PALIYEKKARA, THRISSUR DISTRICT-680 005.
3
THE VICAR,
INFANT JESUS CHURCH, THALORE, THRISSUR DISTRICT-680
306.
BY ADVS.
SMT.K.R.DEEPA, SPL.GOVT.PLEADER (LSGD)
SHRI.C.HARIKUMAR, SC, NENMANIKKARA GRAMA PANCHAYATH
SRI.P.B.KRISHNAN (SR.)
SRI.P.B.SUBRAMANYAN
SRI.RENJITH RAJAPPAN
SHRI.ANAND GOKULDAS
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 12.07.2024, ALONG WITH WP(C)Nos.7745/2020 AND
7787/2020, THE COURT ON 19.7.2024 DELIVERED THE
FOLLOWING:
T.R. RAVI, J.
--------------------------------------------
W.P.(C)Nos.7745 of 2020,
7787 of 2020 & 2712 of 2021
--------------------------------------------
Dated this the 19th day of July, 2024
These three writ petitions challenge the permission granted by the Government for the construction of a new church and the building permit issued by the Local Self Government Institution for the construction of the church. Since the issues involved in these cases are similar and overlapping, they are being heard and disposed of together.
WP(C)Nos.7745/2020 & 2712/2021
2.The petitioners in these two writ petitions are the same persons. They claim to be owners of properties adjacent to the properties of the 3rd respondent (hereinafter referred to as ‘the Vicar’). According to the petitioners, the parishioners of the locality from time immemorial were offering prayers in a Monastery Church situated on more than 25 acres of property owned by the Carmelites of Mary Immaculate (CMI). In the year 2009, a decision was taken by the Thrissur Arch Diocese to establish a new church in that locality. By Ext.P1 order produced in WP(C)No.7745 of 2020, the District Collector granted permission for the construction of a new church in Sy.No.559/5 in Edakuny Village. The parishioners were also permitted to offer prayers in the existing Monastery Church of CMI. The petitioner submits that the two churches are situated within a 500 meter radius of the petitioners’ properties.
3.In the year 2009, the Vicar purchased 1.3506 hectares (333.702 cents) of property comprised in Sy.Nos.601/2, 602/2, 609/2, 603/2, and 610/1 of Thrikkur Village, lying adjacent to the petitioners’ property. After obtaining provisional affiliation from the CBSE on 29.9.2016, a school named Jesus Academic School, Thalore, was established on the property. The approved plan of the school and the provisional affiliation order dated 29.9.2016 have been produced as Exts.P3 and P4 in WP(C)No.7745 of 2020. The petitioners submit that as per the affiliation bye-law of the CBSE, a minimum extent of 2 Acres is required for establishing a CBSE school. Ext.P4 order would show that the facilities reported at the time of the last inspection included an area of 10066 SQ.M., equivalent to 248.73 cents for the school campus, and 5000 SQ.M. area for the playground (equivalent to 123.55 cents). The petitioners submit that the school and the Laverna Convent, Thalore belonging to the Franciscan Sisters of Sacred Heart, are functioning in the 333.655 cents owned by the Vicar. It is contended that out of the said total extent, 53 cents comprised in Sy.No.602/9 of Thalore Village is paddy land as evidenced by the data bank and revenue records. It is hence contended that the extent of land available with the Vicar and the details provided for getting CBSE affiliation do not tally.
4.Another contention is that as per Rule 7(8A) of the Kerala Panchayat Building Rules, 2011 ('KPBR 2011' for short) and clause 23 of the Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony, 2005 (Manual for short), prior permission from the District Collector is necessary for the construction of a religious place. The petitioners had submitted a complaint before the Revenue Divisional Officer, Thrissur, who had, on 1.11.2012, directed the Vicar to stop the functioning of the church on the property adjacent to that of the petitioners. The petitioners approached this Court by filling WP(C)No.992 of 2013. The Vicar also filed WP(C) No.15308 of 2013 challenging the order dated 1.11.2012 issued by the Revenue Divisional Officer. By a common judgment dated 20.6.2014, the writ petition filed by the Vicar was allowed and the writ petition filed by the petitioners was dismissed. Exhibit P5 in WP(C)No.7745 of 2020 is a copy of the judgment. Exhibit P5 was challenged by the petitioners in W.A.Nos.1306 of 2014 and 1263 of 2014. Meanwhile, the Vicar filed an application before the District Collector for permission to conduct prayer in the prope
