Kerala High Court
Thankamma Lazer vs State Of Kerala on 14 November, 2025
WP(C) NO. 42976 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 14TH DAY OF NOVEMBER 2025 / 23RD KARTHIKA, 1947
WP(C) NO. 42976 OF 2025
PETITIONER/S:
THANKAMMA LAZER
AGED 78 YEARS
W/O. LATE DR. LAZER KANJOOPARAMBIL , KANJOOPARAMBIL
HOUSE, ALAPPUZHA NORTH POST ALAPPUZHA DISTRICT, KERALA,
PIN - 688007
BY ADVS.
SHRI.ATHUL M. JOSHEY
SHRI.HAPPYMON BABU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR ALAPPUZHA
CIVIL STATION ALAPPUZHA, ALAPPUZHA DISTRICT,, PIN -
688001
3 DISTRICT REGISTRAR
DISTRICT REGISTRAR OFFICE, ALAPPUZHA DISTRICT,, PIN -
688001
4 THE SECRETARY
GRAMA PANCHAYAT, KANINARY, ALAPPUZHA DISTRICT, PIN -
688501
WP(C) NO. 42976 OF 2025
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5 MALABAR PROVINCE, OCD
REPRESENTED BY PROVINCIAL, MOUNT CARMEL PROVINCIAL
HOUSE, COTTON HILL, THIRUVANANTHAPURAM DISTRICT,, PIN -
695014
6 THE ARCHBISHOP
ARCHEPARCHY OF CHANGANACHERRY, SYRO- MALABAR CATHOLIC
THE ARCHBISHOP'S HOUSE, CHANGANACHERRY, KOTTAYAM
DISTRICT, PIN - 686101
7 FR. SEBASTIAN KOODAPPARAMBIL OCD
FORMER PROVINCIAL, MOUNT CARMEL PROVINCIAL HOUSE,
COTTON HILL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695014
8 FR. SAJI JOSEPH MECHERITHAKIDIYEL OCD
FORMER PROVINCIAL BURSAR, MOUNT CARMEL PROVINCIAL
HOUSE, COTTON HILL, THIRUVANANTHAPURAM DISTRICT,, PIN -
695014
9 FR. PETER CHAKIATH OCD
PROVINCIAL, MOUNT CARMEL PROVINCIAL HOUSE, COTTON HILL,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695014
10 FR. JACOB VADAKKEL OCD
PROVINCIAL BURSAR, MOUNT CARMEL PROVINCIAL HOUSE,
COTTON HILL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695014
11 M/S GOURI HOLIDAYS
REPRESENTED BY ITS PROPRIETOR BINU, PADIYATH
HOUSENEDUMUDY, KAINAKARY SOUTH, ALAPPUZHA DISTRICT, PIN
- 688503
OTHER PRESENT:
SRI. K. M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42976 OF 2025
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BASANT BALAJI J
======================
W.P. (C) No. 42976 of 2025
========================
Dated 14th day of November 2025
JUDGMENT
This writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-
1. Writ Petition may kindly be admitted and allowed.
2. Issue a Writ of Mandamus or any other appropriate writ, order, or direction commanding the 2nd respondent to ensure that the property covered under Sale Deed dated 02.02.2019 in Re-Survey Nos. 236/4 and 236/4-2 of Kainakary South Village, Kuttanad Taluk, Alappuzha District, shall not be alienated, transferred, or put to any use other than the religious and charitable purpose of constructing a chapel and ashram, as assured by the 7th respondent through Exhibit P2.
3. Issue such other and further orders as may be necessary to protect the petitioner's constitutional rights under Articles 25 to 28 of the Constitution of India, and to prevent the misuse of property dedicated for a religious and charitable purpose.
2. After the matter was heard for some time, the learned counsel for the petitioner sought permission to withdraw the writ petition, so as to WP(C) NO. 42976 OF 2025 4 2025:KER:88242 enable the petitioner to work out the remedies before the competent court/authority in accordance with law.
In view of the said submission, this writ petition is dismissed as withdrawn, with liberty to the petitioner to pursue appropriate remedies before the competent court/authority.
Sd/-
BASANT BALAJI, JUDGE
RMV
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APPENDIX OF WP(C) 42976/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED DATED EXECUTED BY
DR. TEENA IN FAVOUR OF 02/02/2019 RESPONDENT NO. 8 Exhibit P1 a TRUE COPY OF THE SALE DEED DATED 02/02/2019 EXECUTED BY THE PETITIONER AS A POWER OF ATTORNEY HOLDER OF DR. ANNIE AND EXECUTED IN FAVOUR OF RESPONDENT NO.8 Exhibit P2 TRUE COPY OF THE ASSURANCE LETTER ISSUED BY THE RESPONDENT NO. 7 DATED 30/08/2019 Exhibit P3 TRUE COPY OF THE DEED DATED 30/08/2019 EXECUTED BY DR. TEENA IN FAVOUR OF RESPONDENT NO.8 Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED FOR THE CHAPEL AND MONASTERY ISSUED BY RESPONDENT NO. 4 DATED 25/06/2019 Exhibit P5 TRUE COPY OF REPRESENTATION DATED 10/11/2025 BEFORE THE RESPONDENT NO. 2 Exhibit P5a TRUE COPY OF ACKNOWLEDGEMENT OF THE REPRESENTATION DATED 11/11/2025