IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 13^TH DAY OF SEPTEMBER 2021/22ND BHADRA, 1943 WP(C) NO. 4199 OF 2016 PETITIONERS:

1 BELIVERS CHURCH, THIRUVALLA, REPRESENTED BY ITS MANAGING TRUSTEE, BISHOP DR. SAMUEL MATHEW, AGED 53, S/O. MATHEW, KAITHAPPATTALIL, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE, ST. THOMAS NAGAR, PUNNAKUNNAM MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA - 689 103, THROUGH HIS POWER OF ATTORNEY HOLDER AND GENERAL ADMINISTRATOR OF THE CHURCH, JACOB POTHEN, AGED 57, S/O. LATE POTHEN, THERADIYIL HOUSE, NIRANAM WEST MURI, NIRANAM VILLAGE, THIRUVALLA TALUK.

2 REV. JOJU MATHEW, VICAR GENERAL, NIRANAM DIOCESE, THOTTABHAGOM, THIRUVALLA.

BY ADVS.

SRI.CHERIAN GEE VARGHESE SMT.DIVYA K.NAIR SMT.S.SIKKY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 DISTRICT COLLECTOR THIRUVANANTHAPURAM - 695 001.

3 ARYANCODE GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ARYANCODE GRAMA PANCHAYATH, NEYYATINKARA, THIRUVANANTHAPURAM - 695 125.

4 RAJESH KUMAR K.L., S/O LATE KRISHNAN NAIR, SRI LALITHAM, CHERUTHAMPODE, KEEZHAROOR P.O., 695 130.

KKL-1927730 KSRTC THAMPANOOR DEPO (STAFF).

5 SHAJI T., SHAJI NIVAS, AMBATHALA, KUTTIYANIKKADU, KEEZHAROOR P.O., THIRUVANANTHAPURAM-695 130. [PASTOR :

C.N.GANGADHARAN, KEEZHAROOR]

[ADDITIONAL RESPONDENTS 4 & 5 ARE IMPLEADED AS PER ORDER DATED 01.07.2016 IN I.A.NO.10077/2016 IN THE WP(C)]

BY ADVS.

R1-R2 SRI.SYAMANTHAK B.S, G.P.

R3 SRI.GOVIND PADMANAABHAN R3 SHRI.AJIT G ANJARLEKAR SRI.G.P.SHINOD SRI.RAM MOHAN.G.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

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Dated this the 13th day of September, 2021 The 1^st petitioner is an Episcopal Church and the

2^nd petitioner is the Vicar General of the Diocese. They are before this Court seeking to quash Ext.P4 and P11 and to direct the 3^rd respondent to extend the validity of Ext.P3 for a further period of three years without insisting any sanction from the 2^nd respondent.

2. The congregation of the petitioners owns a Church building in Aryancode Grama Panchayat. The petitioners, in the year 2007, decided to reconstruct the Church. Ext.P3 Building Permit dated 17.10.2017 was issued by the 3^rd respondent-Panchayat. When the petitioners were about to start construction, the 3^rd respondent issued Ext.P4 notice stating that permission of the District Administration is necessary for the construction and if the petitioners do not obtain the same, the Building Permit will be suspended.

3. The Paster of the Church immediately submitted an application before the 2^nd respondent-District Collector. A hearing was conducted on 21.11.2011. However, no order was passed by the 2^nd respondent. By Ext.P8 letter dated 09.07.2012, the 2^nd respondent called for a report from the Village Officer. In the meanwhile, as per Ext.P9 resolution dated 12.06.2013, the Panchayat Committee unanimously resolved to recommend issuance of NOC to the petitioners.

4. As the 2^nd respondent failed to pass any orders, the petitioners filed W.P.(C) No.21658/2018. The 2^nd respondent thereupon rejected the application for permission submitted by the petitioner as per Ext.P11 order dated 09.10.2014. The petitioners would contend that this Court has held in Thomas Varghese v. District Collector [2014 (3) KLT 675] that proviso to Rule 7(8) of the Panchayat Building Rules is applicable only to security zone. The proposed site is not within any security zone and hence the 2^nd respondent ought not have rejected the application.

5. The learned counsel for the petitioners strongly contended that there is nothing objectionable in petitioners constructing a place of worship. The local authority as well as Revenue officials have reported that there is no harm in constructing a Church at the proposed site. The petitioner