Kerala High Court
St.Sebastian'S Shrine Charitable ... vs The State Of Kerala on 18 February, 2022
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 5537 OF 2022
PETITIONERS:
1 ST.SEBASTIAN'S SHRINE CHARITABLE SOCIETY (REGD)
CC 73/555, KEERAMPALLY, TOLL GATE ROAD,
VADUTHALA, KOCHI 682 023
REPRESENTED BY ITS PRESIDENT LANCY FIGRIUS
2 LANCY FIGRIUS
AGED 62 YEARS
S/O. SEBASTIAN FIGRIUS, 73/1307, THUNDIPARAMBIL HOUSE,
TOLL GATE ROAD, PACHALAM 682 012, THE PRESIDENT,
ST. SEBASTIAN'S SHRINE CHARITABLE SOCIETY,
VADUTHALA KOCHI
BY ADVS.
K.G.RAJEESH
JOBY KURIAKOSE T.J
P.K.GEORGE
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE SECRETARY
KOCHI MUNICIPAL CORPORATION, ERNAKULAM PIN 682 011
3 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM 682 030
4 K P SALOMI
AGED 62 YEARS
W/O. JACOB, PUTHUPARAMBIL HOUSE, TOLL GATE ROAD,
PACHALAM P.O, KOCHI 682 012
SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
SMT.PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5537 OF 2022
2
JUDGMENT
Dated this the 18th day of February, 2022 This writ petition is filed seeking the following prayer:
"(i) To issue a writ of mandamus or any other appropriate writ or direction, directing the 3rd respondent to consider and pass orders on Exhibit P3 petition submitted by the petitioners"
2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned standing counsel appearing for the 2 nd respondent. In view of the directions being issued, notice to the 4 th respondent is dispensed with.
3. It is submitted by the learned counsel for the petitioner that a chapel and a shrine constructed in the year 1979 by the local people is in existence near the property of the 4th respondent. It is submitted that the 4 th respondent had filed a writ petition before this court and by interim order dated 15.02.2018 in W.P.(C). No.3049/2018, a direction was issued to the Corporation to remove the unauthorized construction in compliance with Ext.P2 direction issued by the District Collector. The learned counsel for the petitioner submits that the residents and the devotees of the area have WP(C) NO. 5537 OF 2022 3 submitted Ext.P3 representation before the District Collector pointing out the factual aspects and seeks a consideration thereof.
4. Having heard the learned counsel appearing for the Corporation and the learned Government Pleader, I am of the opinion that since the petitioner has approached the District Collector with Ext.P3, the same is liable to be considered in accordance with law. There will, accordingly, be a direction to the 3rd respondent to take up Ext.P3 representation and to consider and pass order on the same, with notice to the petitioner, the 2nd respondent as well as the 4th respondent and any other affected parties. Appropriate orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 5537 OF 2022 4 APPENDIX OF WP(C) 5537/2022 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 15-2-2018 IN WP(C) NO. 3049 OF 2018 Exhibit P2 TRUE COPY OF THE ORDER DATED 11-09-2014 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE PETITION BEFORE THE DISTRICT COLLECTOR DATED 3-3-2018 Exhibit P4 TRUE COPY OF THE ORDER DATED 4-4-2018 IN WP(C) 10335 OF 2018 Exhibit P5 TRUE COPY OF THE STAY ORDER DATED 10-08-2018 IN APPEAL NO. 511/2018 Exhibit P6 TRUE COPY OF THE LETTER NO. MOP7/044549/2017 DATED 12-1-2018 Exhibit P7 TRUE COPY OF THE REMINDER TO CONSIDER EXT P3 PETITION DATED 7-2-2022 Exhibit P8 TRUE COPY OF THE RECEIPT NO M6-478277/2022/ TDCEKM DATED 7-2-2022 RESPONDENTS' EXHIBITS: NIL