Kerala High Court
St.George Orthodox Syrian Cathedral vs State Of Kerala on 4 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 34004 OF 2025 1
2026:KER:9906
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
WP(C) NO. 34004 OF 2025
PETITIONER/S:
1 ST.GEORGE ORTHODOX SYRIAN CATHEDRAL,
CATHEDRAL JUNCTION M.G.ROAD, THIRUVANANTHAPURAM,
REPRESENTED BY TRUSTEE, (KAIKARAN), GEORGE THOMAS,
PIN - 695034
2 GEORGE THOMAS
AGED 73 YEARS
S/O LATE EASO THOMAS, ASIRVAD, E4, EAST STREET,
ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN
- 695010
BY ADVS.
SHRI.VARGHESE C.KURIAKOSE
SMT.AMRITHA.J
SHRI.KURUVILLA MATHEW
SHRI.VIPIN C. VARGHESE
SMT.MARIYA MATHEW
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF-
GOVT. SECRETARIAT, TRIVANDRUM, PIN - 695001
2 TRIVANDRUM MUNCIPAL CORPORATION
WP(C) NO. 34004 OF 2025 2
2026:KER:9906
CORPORATION BUILDING, THIRUVANANTHAPURAM REPRESENTED
BY ITS SECRETARY, PIN - 695033
3 THE ASST. EXECUTIVE ENGINEER
LSGD (LID & EW), MUNICIPAL CORPORATION,
THIRUVANANTHAPURAM, PIN - 695033
4 M/S HIS HOLINESS BASELIOS
MARTHOMA MATHEWS-III CATHOLICOS AND MALANKARA
METROPOLITAN, MALANKARA ORTHODOX SYRIAN CHURCH,
CATHOLICATE PALACE, DEVALOKAM P.O., KOTTAYAM, PIN -
686004
5 REV. FR.MATHEW ABRAHAM
COREPISCOPA, VICAR, ST.GEORGE ORTHODOX SYRIAN
CATHEDRAL, CATHEDRAL JUNCTION M.G.ROAD,
THIRUVANANTHAPURAM,, PIN - 695034
BY ADVS.
SHRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM
CORPORATION
SRI.ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
SHRI.HARIMOHAN
SRI.S.SREEKUMAR (SR.)
OTHER PRESENT:
GP SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34004 OF 2025 3
2026:KER:9906
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C) No. 34004 of 2025
--------------------------------------
Dated this the 4th day of February, 2026
JUDGMENT
The above writ petition is filed with following prayers :
(i) "Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, calling for the records leading to the proceedings reflected in Exhibit-P8 examine the same and quash the same, holding the same as illegal.
(ii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the respondents No.2 and 3 or the concerned among them to forthwith conclude the enquiry reflected in Exhibit-P8 in the light of Exhibit-P9 as well as Exhibit-
P12 and also in the light of Exhibits-P1 to P3 and in the light of the law laid down in Varghese.K.S. & Others v. St.Peter's and Syrian Orthodox Church and others reported in 2017 (15) SCC 333.
(iii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the respondents No.2 and 3 not WP(C) NO. 34004 OF 2025 4 2026:KER:9906 to keep on hold the construction activities based on Exhibit-P6 in the light of the unsustainable complaint given by the 4th respondent through Exhibit-P7.
(iv) Allow the petitioners to recover the full costs incurred for the institution and conduct of the writ petition (Civil) from the respondents." [sic]
2. The 1st prayer in this writ petition is against Ext.P8. It will be better to extract the contents in Ext.P8.
"തതിരുവനന്തപുരരം നഗരസഭയതിൽ പപാളയരം വപാർഡതിൽ പപാളയരം സസനന്റ് ജജപാർജന്റ് ഓർത്തജഡപാകന്റ് സതിറതിയൻ പളതികന്റ് Roof Change സചെയ്യുന്നതതിനന്റ് 23.06.2025 സലെ E13/04/916413/2024 കത്തന്റ് മുജഖേന അനുവപാദ പതരം നലെന്റ്കതിയതിരുന.. എന്നപാൽ ഇതതിസനതതിസര സൂചെന (2) മുജഖേന Baselious Marthoma Mathew III, Catholics of the East & Malankara Metropolitan 27.06.2025 തതീയതതിയതിൽ പരപാതതി നഗരസഭയതിൽ നൽകതിയതിട്ടുണന്റ് .. ആയതതിനപാൽ ടതി പളതിയുസട ഉടമസപാവകപാശരം സരംബനതിച്ച ജരഖേകൾ ഈ ജനപാടതീസന്റ് കകപ്പറതി 15 ദതിവസത്തതിനകരം നഗരസത്തതിൽ ലെഭഭ്യമപാജകണതപാണന്റ്. അലപാത്ത പകരം സൂചെന 1 മുജഖേന നലെന്റ്കതിയ സപർമതിറന്റ് Cancel സചെയ്യുന്നതപാണന്റ് എന്ന വതിവരരം അറതിയതിക്കുന."
3. A perusal of the same would show that it is only a show cause notice issued to the petitioner for producing certain documents. The petitioner is free to produce necessary documents before the Corporation authorities in accordance with law. The 2nd prayer is to issue a direction to the 2nd and 3rd WP(C) NO. 34004 OF 2025 5 2026:KER:9906 respondents or the concerned among them to forthwith conclude the enquiry reflected in Ext.P8. There can be a direction to the Corporation authorities to conclude the proceedings initiated as per Ext.P8 within a time frame. The 3 rd prayer is to direct the 2 nd and 3rd respondents not to keep on hold the construction activities based on Ext.P6, in the light of unsustainable complaint given by the 4th respondent to Ext.P7. That is a matter to be decided in the enquiry, which is initiated as per Ext.P8. All the contentions raised by the petitioner in this writ petition are left open. The petitioner is free to agitate the same before the Corporation authorities.
Therefore, this writ petition is disposed of with the following directions :
1) The competent authority among respondent Nos.
2 and 3 will conclude the proceedings initiated as per Ext.P8, after giving sufficient opportunity of hearing to the petitioner and respondent Nos. 4 and 5, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified WP(C) NO. 34004 OF 2025 6 2026:KER:9906 copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 04/02/2026
Judgment dictated 04/02/2026
Draft judgment placed 05/02/2026
Final judgment uploaded 09/02/2026 WP(C) NO. 34004 OF 2025 7 2026:KER:9906 APPENDIX OF WP(C) NO. 34004 OF 2025 PETITIONER EXHIBITS Exhibit P1 PHOTOSTAT COPY OF THE COMPROMISE PETITION AS I.A.NO.3928/2011 IN A.S.NO.609/1993 ON THE FILES OF HIGH COURT OF KERALA DATED NIL Exhibit P2 PHOTOSTAT COPY OF THE COMMON JUDGMENT IN A.S.NO.609/1993 AND A.S.NO.724/1998 ON THE FILES OF THIS HONOURABLE COURT DATED 23.07.2012 Exhibit P3 PHOTOSTAT COPY OF THE DECREE IN A.S. NO.724/1998 ON THE FILES OF THIS HONOURABLE COURT DATED 23.07.2012 Exhibit P4 PHOTOSTAT COPY OF THE PHOTOGRAPH SHOWING THE ROOF PORTION OF THE CHURCH BUILDING Exhibit P5 PHOTOSTAT COPY OF THE JUDGMENT IN W.P. (C) NO.33391/2024 PASSED BY THIS HONOURABLE COURT DATED 25.09.2024 Exhibit P6 PHOTOSTAT COPY OF THE BUILDING PERMIT DATED 23.06.2025 Exhibit P7 PHOTOSTAT COPY OF THE LETTER OF OBJECTION SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND AND 3RD RESPONDENTS DATED 27.06.2025 Exhibit P8 TRUE PHOTOSTAT COPY OF LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS ON 03.08.2025 Exhibit P9 TRUE PHOTOSTAT COPY OF THE REPLY SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT DATED 20.08.2025 Exhibit P10 TRUE PHOTOSTAT COPY OF SPEED POST RECEIPT ISSUED BY THE INDIAN POSTAL AUTHORITY DATED 20.08.2025 Exhibit P11 TRUE PHOTOSTAT COPY OF THE COMMUNICATION SENT BY THE 4TH RESPONDENT TO THE VICAR ON 08.08.2025 Exhibit P12 TRUE PHOTOSTAT COPY OF THE DETAILED REPLY SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT DATED 31.08.2025 WP(C) NO. 34004 OF 2025 8 2026:KER:9906 RESPONDENT ANNEXURES Annexure-R2(a) A true copy of the order of the Art and Heritage Committee, bearing No. LSGD/JD/TVM/5471/2024-P2 dated 20.01.2025 Annexure-R2(b) A true copy of the Land Tax receipt produced before the Corporation for the year 2025-2026, bearing No. KL01012702095/2025 dated 01.04.2025 Annexure-R2(c) A true copy of the Possession Certificate, bearing No. 96965961 dated 15.09.2025 produced before the Corporation Annexure-R2(d) A true copy of the notice bearing No. E6/E13/918413/2024 dated 24.09.2025 PETITIONER EXHIBITS Exhibit P14 True copy of the minutes dated 19.02.2023 Exhibit P15 True copy of the minutes dated 10.09.2023 Exhibit P16 True copy of the photograph pertaining to one portion of the church building Exhbit P17 True copy of the photograph pertaining to one portion of the church building Exhbit P18 True copy of the photograph pertaining to one portion of the church building Exhbit P19 True copy of the photograph pertaining to one portion of the church building Exhibit P20 True copy of the photograph pertaining to one portion of the church building Exhbit P21 True copy of the photograph pertaining to one portion of the church building Exhbit P22 True copy of the photograph pertaining to one portion of the church building Exhibit P23 True copy of the photograph pertaining to one portion of the church building Exhibit P24 True copy of the photograph pertaining to one portion of the church building Exhibit 25 True copy of the photograph pertaining to one portion of the church building WP(C) NO. 34004 OF 2025 9 2026:KER:9906 Exhbit P26 True copy of the application for issuance of building permit for construction Exhibit P27 True copy of the application accepted by Corporation and permit was granted on 11.04.2017 as E14/BA/172645/16 Exhbit P28 True copy of the permit issued for land development on 11.09.2017 Exhibit P29 True copy of the permit issued dated 06.06.2022 for construction Exhibit P30 True copy of the injunction order dated 03.02.2022 in O.S.No.147/2022 on the files of Munsiff's Court, Thiruvananthapuram Exhibit P31 True copy of the communication dated 06.07.2023 issued by the 4th respondent Exhibit P13 True copy of the booklet published by the Malankara Orthodox Syrian Church.