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2022 Supreme(Online)(KER) 31090
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944 WP(C) NO. 13733 OF 2022 PETITIONERS:
1 GEORGE K JOHN AGED 62 YEARS SON OF K.U. MANI, RESIDING AT KARIKKOTTIL HOUSE, KOLENCHERRY P.O, ERNAKULAM DISTRICT, PIN- 686 503.
2 K.P SKARIYA, AGED 65 YEARS, SON OF PHILIPOSE, KIZHAKKANTHOTTATHIL HOUSE, KADAMATTOM P.O,ERNAKULAM DISTRICT, 682311.
3 T.J.BABU, AGED 58 YEARS, SON OF JACOB, THOTTIYIL HOUSE, KADAMATTOM P.O, ERNAKULAM DISTRICT, 682311.
BY ADVS.
PEEYUS A.KOTTAM JOMON J. MALIEKAL ARJUN S BENEDICT RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM - 695 001.
2 SECRETARY DEPARTMENT OF ARCHEOLOGY & GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.
3 ARCHEOLOGICAL DEPARTMENT, DIRECTORATE OF ARCHEOLOGY, SUNDARAVILASAM PALACE, FORT P.O, THIRUVANANTHAPURAM, PIN-695023, REPRESENTED BY ITS DIRECTOR.
4 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN -682530.
5 REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD, MUVATTUPUZHA, KERALA 686 673.
6 MANAGING COMMITTEE, ST. GEORGE ORTHODOX CHURCH, KADAMATTOM, KOLENCHERRY, REPRESENTED BY ITS MANAGING TRUSTEE, PIN -682311.
7 REV. FR. SUNNY VARGHESE PUNNACHALIL, AGED 45 YEARS, SON OF P.C. VARGHESE, VICAR, ST. GEORGE ORTHODOX CHURCH, KADAMATTOM, PIN - 682311.
8 SECRETARY, DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001 BY ADVS.
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL ANIMON A. JOHN SHAN V. SHINE SRI.GIBU.T.S, GP WITH ADDL.AG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 13733 of 2022 ----------------------------------------------
Dated this the 27th day of May, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
“(i) Issue a writ of mandamus or any other appropriate order or direction and thereby command the respondents 1 to 5 to take immediate steps to prevent the 6th and 7th respondent, from altering, changing, reconstructing the existing Kadamattom church or doing anything on the ancient building named St.George, Kadamattom Church without the sanction/permission from the archeological department as well as the government.
(ii) Grant such other reliefs, which are just and necessary in the interest of justice and deem fit.”[SIC]
2. When this writ petition came up for consideration, the learned Government Pleader and the counsel appearing for respondents 6 and 7 submitted that as per proceedings No.ARCDA/512/2022-T3 dated 24.05.2022 of the Director, Department of Archaeology, permission is granted for certain repair/maintenance/conservation work of the St.George Orthodox Syrian Church at Kadamattom with certain conditions. In the light of the same, nothing survives in this case. But I make it clear that respondents 6 and 7 will scrupulously follow the conditions in the proceedings No.ARCDA/512/2022-T3 while doing the repair work. This Court while admitting the writ petition directed the 4th and 5th respondents to ensure that no construction activity shall be allowed without the permission of the competent authority. I make it clear that, if any order is passed by the 5th respondent in the light of the order passed by this Court on 08.04.2022, consequential order in the light of the permission granted by the Director, Department of Archaeology will be passed by the 5th respondent in accordance to law. If any licence is required from any other statutory authority, the 6th and 7th respondents will obtain the same also before proceeding with the work.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
APPENDIX OF WP(C) 13733/2022 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LIST PUBLISHED BY THE STATE ARCHEOLOGICAL DEPARTMENT IN THE OFFICIAL WEBSITE OF DEPARTMENT OF CULTURAL AFFAIRS EXHIBIT P2 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING PREPARATIONS MADE BY THE 6TH AND 7TH RESPONDENT TO RENOVATE THE CHURCH .
EXHIBIT P3 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE 6TH AND 7TH RESPONDENTS INVITING CONTRACTORS FOR RESTORATION WORK OF THE ROOF OF THE CHURCH OF MAIN BUILDING PUBLISHED IN MALAYA MANORAMA DAILY NEWSPAPER DATED 01.02.2022 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR AND ARCHEOLOGICAL DEPARTMENT DATED
05.04.2022.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT REPORTED IN 2009 (3) KHC 322 (REV. FR. MATHEW NARIVELYAND 2 OTHERS VS STATE OF KERALA AND OTHERS).
RESPONDENTS EXHIBITS : NIL //TRUE COPY//
PA TO JUDGE
