IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 202 OF 2016 PETITIONER:

STEPHIN.K.GEORGE AGED 36 YEARS S/O GEORGE ANTONY, KUREEKKAL HOUSE, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT, PIN:683562.

BY ADV SRI.D.SREEKUMAR RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 DISTRICT COLLECTOR ERNAKULAM, OFFICE AT CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

3 TAHSILDAR ALUVA TALUK-683103.

4 THATTUPPARA ST. THOMAS CHAPPEL REPRESENTED BY ITS VICAR FR. SEBASTIAN NELLISSERI, RESIDING AT MARYGIRI ST.SEBASTIAN CHURCH, THATTUPARA, CHULLY P.O., AYYAMPUZHA VILLAGE, ALUVA TALUK-683581.

5 FR.SEBASTIAN NELLISSERI MARYGIRI ST. SEBASTIAN CHURCH, THATTUPARA, CHULLY P.O., AYYAMPUZHA VILLAGE, ALUVA TALUK-683 581.

BY ADVS.

SRI.V.M.KURIAN SRI.LITTO VARGHESE PALATHINKAL SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.K.M.FAISAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C).No. 202 of 2016 ----------------------------------------------

Dated this the 03^rd day of March, 2023

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) to issue a writ of mandamus or any other writ order or direction commanding the respondents to prevent and remove the unauthorized construction effected by the 4^th respondent on Government land.

(ii) to declare that the 4^th respondent has no manner of right to establish any religious church on public land.

(iii) to direct the 2^nd respondent to consider and dispose of Ext. P8 petition after affording or hearing to the petitioner.

(iv) Declare that, the action of the 4^th respondent to proceed with the construction as Mr. Pathandi has given a letter to the church authorities that he will not object to make any construction in violation of orders passed in the Writ Petition No.

22273/2012 is illegal and contumacious.

(v) to pass such other orders deems fit in the interest of justice, equity and good conscience.

(vi) to allow the Writ Petition (C) with costs.”[SIC]

2. When this writ petition came up for consideration on 05.01.2016, this Court passed the following order:

“Learned Government Pleader takes notice for respondents 1 to 3. Urgent notice by special messenger to respondents 4 and 5.

The second respondent shall enquire whether any construction being carried by party respondents in the Government land. If any construction is being carried on by the party respondents in the Government land, necessarily, construction shall be stopped forthwith. The second respondent shall also ascertain whether any permission has been obtained by the party respondents under the relevant Government Order for using the premises as place of worship.

Post on 12.1.2016.”

3. In the above interim order, this Court specifically stated that, if any construction is being carried on by the party respondents in the Government land, necessarily, construction shall be stopped forthwith. No counter affidavit is filed by the 4^th respondent. There is no representation for the 4^th respondent also. In such circumstances, according to me, the interim order can be retained and the writ petition can be closed.

Therefore, this writ petition is closed and the interim order dated 05.01.2016 is made absolute.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 202/2016 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.2860/2001 DATED 9.8.2001 IN FAVOUR OF THE PETITIONER.

EXHIBIT P2: TRUE COPY OF INTERIM ORDER DATED 19.10.2012 IN WPC NO.25038/2012.

EXHIBIT P3: TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER AND REPLY FROM AYYAMPUZHA GRAMA PANCHAYATH UNDER RTI ACT.

EXHIBIT P4: TRUE COPY OF THE ORDER DATED 28.9.2012 IN WPC NO.22273/2012.

EXHIBIT P5: A PHOTOGRAPH OF THE THATTUPARA CHAPPEL, WITH ROOF IN A DISMANTLED CONDITION.

EXHIBIT P6:TR