Kerala High Court
Seventh Day Adventist Church vs State Of Kerala on 24 February, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.8647/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
WP(C) NO. 8647 OF 2021(E)
PETITIONER:
SEVENTH DAY ADVENTIST CHURCH ,SOUTH KERALA SECTION OF SEVENTH DAY
ADVENTISTS, POST BOX NO.804, KOUDIAR P.O., THIRUVANANTHAPURAM,
PIN-695 003, REPRESENTED BY ITS EXECUTIVE SECRETARY, S.EDWIN JNANA
DAVID
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-690 001
2. THE DISTRICT COLLECTOR, 2ND FLOOR, CIVIL STATION BUILDINGS,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,PIN-695 043
3. SUB DIVISIONAL MAGISTRATE, RDO, NEDUMANGAD,
THIRUVANANTHAPURAM,PIN-695 541
4. DISTRICT POLICE CHIEF (RURAL), OFFICE OF DISTRICT POLICE CHIEF
(RURAL), THIRUVANANTHAPURAM, PIN-695 033
5. VEMBAYAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VETTINAD,
KOCHIRA P.O., THIRUVANANTHAPURAM,PIN-695 615
6. SECRETARY, VEMBAYAM GRAMA PANCHAYAT, VETTINAD, KOCHIRA P.O.,
THIRUVANANTHAPURAM,PIN-695 615
7. VILLAGE OFFICER, VEMBAYAM, KOCHIRA P.O., THIRUVANANTHAPURAM,PIN-695
615
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to call for report from the respodnents 2 to 6 as to the progress
pursuant to Exhibit P2 letter issued by the 6th respondent, pending final
disposal of the above writ petition (civil).
This petition again coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's order dated 19.07.2021
and upon hearing the arguments of SRI.T.K.VIPINDAS & SRI.K.V.SREE VINAYAKAN
Advocates for the petitioner and of GOVERNMENT PLEADER for the respondents 1 to
4 & 7, the court passed the following:
WP(C) No.8647/2021 2/2
ORDER
It is submitted by the learned counsel for the petitioner that the District Collector has granted NOC for re-construction of the Church as early as on 10.08.2021, as per the provisions of law, which stood prior to the amendment of Manual of Guidelines, Delink WP(C) NO.11776/2022.
Post on 28.02.2023 at the Chamber at 1.30.p.m. Sd/- MURALI PURUSHOTHAMAN JUDGE 24-02-2023 /True Copy/ Assistant Registrar