Kerala High Court
Y.Zacharia vs V.K.George Muthalali
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF OCTOBER 2014/25TH ASWINA, 1936
WP(C).No.22288 of 2014 (I)
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PETITIONER:
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Y.ZACHARIA,AGED 57 YEARS,RESIDING AT KATTUVILA BUNGLOW,
CHEMMANTHUR MURI,PUNALUR VILLAGE,PATHANAPURAM TALUK,
KOLLAM DISTRICT.
BY ADV. SRI.LIJOY PARACKAL VARGHESE
RESPONDENTS:
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1. V.K.GEORGE MUTHALALI,AGED 85 YEARS,
VARINJAVILA BUNGLOW,MEEYANNOOR SOUTH CHENKULAM P.O.
PALLIMON VILLAGE,KOLLAM TALUK & DISTRICT,
MANAGING TRUSTEE OF VARINJAVILA ST.GEORGE
ORTHODOX SYRIAN CHURCH,
CHENKULAM P.O.,KOLLAM,PIN - 691 510.
2. FATHER KOSHY GEORGE,AGED 42 YEARS,
VARINJAVILA BUNGLOW,MEEYANNOOR SOUTH CHENKULAM P.O.
PALLIMON VILLAGE,KOLLAM TALUK & DISTRICT,PIN - 691 510.
3. POOYAPALLY GRAMAPANCHAYATH,POOYAPALLY P.O.,
KOLLAM & DISTRICT - 691 537,
REPRESENTED BY ITS SECRETARY.
4. DISTRICT COLLECTOR,KOLLAM,PIN - 691 013.
5. TAHASILDAR,KOTTARAKARA TALUK,KOLLAM DISTRICT,PIN - 691 506.
6. SUB INSPECTOR OF POLICE,POOYAPPALLY POLICE STATION,
KOLLAM & DISTRICT - 691 537.
R4 TO R6 BY SENIOR GOVT.PLEADER SRI.K.C.VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-10-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No.22288 of 2014 (I)
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1:THE TRUE COPY OF THE WILL DATED NOVEMBER 28 OF 1963
EXECUTED BY GRAND FATHER OF THE PETITIONER NAMED
KOCHUKOSHY.
EXHIBIT P2:THE TRUE COPY OF THE WILL DATED 24TH APRIL 1993 EXECUTED
BY THE FATHER OF THE PETITIONER NAMED V.K.YOHANNAN
MUTHALI.
EXHIBIT P3:THE TRUE COPY OF THE APPLICATION FORWARDED BY THE 3RD
RESPONDENT, SECRETARY TO THE POOYAPALLYGRAMA
PANCHAYATH FOR SANCTION FROM THE KOLLAM DISTRICT
COLLECTOR FOR RENOVATION OF THE ORTHODOX CHURCH.
EXHIBIT P4:THE TRUE COPY OF THE PROCEEDINGS AND ORDER OF THE 4TH
RESPONDENT, KOLLAM DISTRICT COLLECTOR FOR RENOVATION
OF THE ORTHODOX CHURCH.
EXHIBIT P5:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE D.G.P.
TRIVANDRUM.
EXHIBIT P6:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE D.S.P.
(RURAL), KOTTARAKARA.
EXHIBIT P7:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE DISTRICT
COLLECTOR, KOLLAM.
EXHIBIT P8:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE SUB
INSPECTOR OF POLICE, POOYAPPALLY.
EXHIBIT P9:THE TRUE COPY OF THE COMLAINT FILED BEFORE THE CHIEF
MINISTER OF KERALA.
EXHIBIT P10:THE RUE COPY OF THE ORDER OF THE METHRAPOLITHA
APPOINTING FATHER T.I.THOMAS AS VICAR OF THE CHURCH
WHICH WAS DEMOLISHED.
EXHIBIT P11:THE TRUE COPY OF THE BILL NO.E.279 DATED 25.11.2000.
EXHIBIT P12:THE TRUE COPY OF THE MALAYALA MANORAMA PAPER CUTTING
DATED 05.08.1999 ORDAINING THE 2ND RESPONDENT AS DEACON.
EXHIBIT P13:THE TRUE COPY OF THE SKETCH PREPARED BY THE TALUK
SURVEYOR, KOTTARAKKARA, AND SUBMITTED BEFORE THE
MUNSIFF COURT, KOTTARAKKARA IN O.S.NO.579/2004.
EXHIBIT P14:THE TRUE COPY OF THE BILL NO.E 105/11 DATED 14.04.2011
APPOINTING HIS GRACE MOR ATHANASIOUS GEEVARGIS,
ST.MARY'S SYRIAN SIMHASANA CHURCH, ARTHAT,
KUNNAMKULAM,TRISSUR DISTRICT, KERALA, INDIA, AS
METROPOLITAN OF KOCHI & KUNNAMKULAM, WHICH AS SHOWS
ITEM NO.14 ST.GEORGE SIMHASANA CHURCH, VARINJAVILA,
KOLLAM DISTRICT.
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WP(C).No.22288 of 2014 (I)
EXHIBIT P15:THE TRUE COPY OF THE RELATIONSHIP CERTIFICATE OF THE
PETITIONER WITH TEH TESTATORS.
EXHIBIT P16:THE TRUE COPY OF THE MALAYALA MANORAMA PAPER CUTTING
DATED 21.12.2013 LAYING FOUNDATION STONE IN THE CHURCH
LAND TO BEGIN CONSTRUCTION OF CBSE SCHOOL.
EXHIBIT P17:THE TRUE COPY OF THE LAND TAX RECEIPT NO.LR-20249/4894
DATED 28.01.2013 IN THANDAPER NO.603 PAID IN THE NAME OF
THE PETITIONER.
EXHIBIT P18:THE TRUE COPY OF THE CERTIFICATE DATED 18.06.2013 ISSUED
BY METHRAPOLITANATHANASIOS GEEVARGIS.
EXHIBIT P19:THE TRUE COPY OF THE CERTIFICATE DATED 10.05.2000 ISSUED
BY FR.GEEVARGHESE THARAKAN.
RESPONDENTS EXHIBITS: NIL
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//TRUE COPY//
P.S.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P(C).No.22288 of 2014 I
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Dated this the 17th day of October, 2014
JUDGMENT
This Writ Petition is filed for the following reliefs:
(i) Issue a writ of mandamus or any other appropriate writ, order or direction preventing and prohibiting the 1st and 2nd respondents and their agents and men from constructing CBSE school in the church land including grave yard and altering the nature and character of the church land and its properties extending to 82 cents in Resurvey No.59/8 in Thandaper 603 in Pooyappally Village, Kollam district and from committing any waste therein.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 to 6 respondents to take appropriate action against the 1st and 2nd respondents in demolishing the Jacobite Syrian Simhasana Church in Resurvey No.59/8 after obtaining permission for renovating Orthodox church in Resurvey No.59/9.
(iii) Issue a writ of Mandamus or any other appropriate writ, order or direction permitting the petitioner to reconstruct the church which was demolished in Resurvey No.59/8 in Thandaper 603 in Pooyappally Village, Kollam District and permit the petitioner for recovering the expenses from the 1st and 2nd respondents personally and from their assets, if W.P(C).No.22288 of 2014 2 the 1st and 2nd respondents are making delay in reconstructing the Jacobite Syrian Simhasana church they demolished.
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction preventing and prohibiting persons who are not members of the Jacobite Christian faction from entering into the church land and properties situated in Resurvey No.59/8 in Thandaper 603 in Pooyappallay Village, Kollam District.
(v) Issue any other appropriate writ, order or direction as the case may be as this Hon'ble Court may deem fit and necessary in the interest of justice.
2. On going through the reliefs as above, the essential reliefs sought are in respect of the property of the Church, petitioner's case is that by misusing the permission granted by the District Collector for renovation of the Church, church authorities have demolished the Church and proposing to construct a CBSE school.
3. I am of the view, this Writ Petition is not maintainable to adjudicate a dispute as to the use of a land or right available to any party regarding use of a particular land. The public law remedy cannot be used to agitate a civil dispute in respect of a property, or W.P(C).No.22288 of 2014 3 to a matter regarding the manner in which a particular land has to be used. Therefore, with liberty to the petitioner to approach the Civil Court, this Writ Petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/17/10/14