Karnataka High Court
Archdiocese Of Bangalore vs The Commissioner on 12 March, 2026
-1-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.17050 OF 2016 (LB-BMP)
BETWEEN:
1. ARCHDIOCESE OF BANGALORE
A PUBLIC RELIGIOUS CHARITABLE TRUST
ARCHBISHOP'S HOUSE
NO.75, MILLER'S ROAD,
BENSON TOWN
BENGALURU-560 046
REPRESENTED BY ITS SOLE TRUSTEE
PRESENTLY MOST REV. DR. PETER MACHADO.
2. REV. FR. JOSEPH PUTHIAPARAMBIL
AGED 72 YEARS,
S/O THOMAS PUTHIAPARAMBIL,
SFSPU COLLEGE, TAMAKA
Digitally KOLAR - 563 103.
signed by
GEETHA P G
SINCE DEAD REPRESENTED BY HIS LR'S
Location:
HIGH
COURT OF 2(a) MR. P.T. JACOB
KARNATAKA S/O. LATE MR. P.C. THOMAS PUTHIYAPARAMPIL
& BROTHER OF PETITIONER NO.2
AGED ABOUT 75 YEARS,
R/AT PUTHIYAPARAMBIL,
VELICHIYANI PARATHODU,
EDAKKUNNAM
PO PARATHODE
DISTRICT KOTTAYAM
KERALA - 686 512.
-2-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
2.(b). SR. MARY TOM F.C.C.
D/O. MR. P.C. THOMAS & SISTER OF
DECEASED PETITIONER NO.2
AGED ABOUT 73 YEARS,
R/AT Q.NO.112, ST. XAVIER'S SCHOOL
SEC-1 C, BOKARO STEEL,
BOKARO, JHARKHAND-827 001.
2.(c). MRS. ALICE VARGHESE
W/O. MR. D .VARGHESE
D/O LATE MR. P.T. SCARIA AND
NIECE OF DECEASED PETITIONER NO.2
AGED ABOUT 69 YEARS,
R/AT KOLLIKULAVIL, KARIKULAM
KOOVAPPALLY P O
VILLAGE EDAKKUNNAM,
KOTTAYAM, KERALA-686 518.
2.(d). REV FR. PUTHIAPARAMPIL SCARIA ABRAHAM
S/O. LATE MR. P.T. SCARIA &
NEPHEW OF DECEASED PETITIONER NO.2
AGED ABOUT 63 YEARS,
R/AT PUTHIAPARAMBIL
KANAMALA P O
MUKKOTTUTHARA VIA,
KOTTAYAM, KERALA - 686 510.
2.(e). MR. TOM P SCARIA PUTHIAYAPARAMBIL
S/O LATE MR. P.T. SCARIA &
NEPHEW OF DECEASED PETITIONER NO.2
R/AT KANAMALA PO
MUKOOTTUTHARA
KOTTAYAM DIST,
KERALA - 686 510.
2.(f). MRS. ANCYKUTTY P S
D/O LATE MR. P.T. SCARIA &
NIECE OF DECEASED PETITIONER NO.2
R/AT PULLATTU, KOLLAMULA
CHATHENTHARA PO
PATHANAMTHITTA DISTRICT
-3-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
KERALA - 686 510.
2.(g). MR. JOY THOMAS
S/O LATE MR. P.T. THOMAS PUTHIYAPARAMPIL
& NEPHEW OF PETITIONER NO.2
AGED ABOUT 54 YEARS,
R/AT PARATHODU
P O VELICHIYANY
EDAKKUNNAM, PARATHODE
KOTTAYAM, KANJIRAPPALLY
KERALA - 686 512.
2.(h). REV FR. JOSE THOMAS
S/O LATE MR. P.T. THOMAS &
NEPHEW OF DECEASED PETITIONER NO.2
AGED ABOUT 58 YEARS,
R/AT PUTHIYAPARAMBIL,
VELICHIYANI PARATHODU P O
EDAKKUNNAM
DISTRICT KOTTAYAM
KERALA - 686 512.
2.(i). MRS. LOVELY ELIZABETH THOMAS
D/O. LATE MR. P.T. THOMAS &
NIECE OF DECEASED PETITIONER NO.2
AGED ABOUT 38 YEARS,
R/AT MANIKOMPEL, ANCHILIPPA
NEAR POST OFFICE, ANCHILIPPA
KANJIRAPPALLY, KOTTAYAM
MANNARAKAYAM,
KERALA - 686 506.
2.(j). MRS. MARYKUTTY JAYS
D/O. LATE MR. P.T. THOMAS &
NIECE OF DECEASED PETITIONER NO.2
AGED ABOUT 53 YEARS
R/AT KRA NO.24, NADUTHOTTIYIL HOUSE
KARIPPAI ROAD, KALAMASSERY
KALAMASSERY - 683 104.
-4-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
2.(k). MRS. SALINI JAMES
D/O. LATE MR. P.T. THOMAS
& NIECE OF DECEASED PETITIONER NO. 2
AGED ABOUT 53 YEARS,
R/AT B705, LOTUS, GAWANBAUG,
POKHRAN ROAD 2
NEAR UPVAN LAKE, KOKANIPADA,
THANE, MAHARASHTRA - 400 610.
2.(l). MR. TOM THOMAS PUTHIAPRAMPIL
S/O LATE MR. P.T. THOMAS &
NEPHEW OF DECEASED PETITIONER NO.2
AGE : MAJOR, NO.16, 2B, CROSS,
7TH MAIN, 2ND PHASE, J.P. NAGAR,
BENGALURU.
2.(m). MRS. ALEYKUTTY THOMAS
W/O LATE MR. P.T. THOMAS &
SISTER IN LAW OF DECEASED PETITIONER NO.2
AGE: MAJOR, R/AT PARATHODU
P O VELICHIYANY,
EDAKKUNNAM, PARATHODE
KOTTAYAM, KANJIRAPPALLY
KERALA - 686 512.
...PETITIONERS
(BY SRI. S. MANJUNATH, ADVOCATE)
AND:
1. THE COMMISSIONER
BBMP, NEW CORPORATION OFFICES
HUDSON CIRCLE,
BENGALURU - 560 002.
2. THE COMMISSIONER OF POLICE
BANGALORE CITY
2, INFANTRY ROAD,
BENGALURU - 560 001.
-5-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
3. THE INSPECTOR
MAHADEVAPURA POLICE STATION
BENGALURU - 560 048.
4. THE JOINT COMMISSIONER
MAHADEVAPURA ZONE, BBMP
BENGALURU - 560 048.
5. THE ASSISTANT DIRECTOR OF TOWN PLANNING
MAHADEVAPURA ZONE, BBMP
BENGALURU - 560 048.
6. THE ASSISTANT EXECUTIVE ENGINEER
MAHADEVAPURA DIVISION, BBMP
BENGALURU - 560 048.
7. THE JUNIOR ENGINEER TOWN PLANNING
MAHADEVAPURA DIVISION, BBMP
BENGALURU - 560 048.
8. M/S NEELADRI GROUP OF COMPANIES
M/S NEELADRI SMART HOMES PVT LTD.,
NO.1299 C, 1ST A CROSS,
1ST MAIN,
OPPOSITE POORNA PRAJNA EDUCATION CENTRE
NEW THIPPASANDRA
HAL 3RD STAGE
BENGALURU - 560 075.
ALSO AT
NEELADRI PARADISE
NO.83/1, CHIKKABAIYYA LAYOUT
NAKKUNDI ROAD, GARUDACHARAPALYA,
BENGALURU - 560 048
REPRESENTED BY ITS MANAGING DIRECTOR
SRI MANJUNATH RAMAIAH.
9. B.V. BASAVARAJ
NEELADRI PARADISE
-6-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
NO.83/1, CHIKKABAIYYA LAYOUT
NAKKUNDI ROAD,
GARUDACHARAPALYA
BENGALURU - 560 048.
...RESPONDENTS
(BY SMT. CHANDINI S., HCGP., FOR R.2 AND R.3;
SRI. PAWAN KUMAR, ADVOCATE FOR R.1, R.4 TO R.7;
SRI. S.D.N. PRASAD, ADVOCATE FOR R.8;
R.9: SERVED.)
THIS W.P. IS FILED UDNER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT IN THE
NATURE OF WRIT OF MANDAMUS TO RESPONDENTS TO
RESTORE SCHEDULE 'B' PROPERTY OF THE PETITIONER TO ITS
ORIGINAL CONDITION WITH THE COMPOUND WALL AND
GATES ON THE SOUTHERN, NORTHERN AND EASTER SIDE AS
THEY EXISTED BEFORE THEIR DEMOLITION BY THE
RESPONDENT NOS.8 & 9 ON 04.11.2012, ETC.
THIS PETITION, COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
-7-
NC: 2026:KHC:15008
WP No. 17050 of 2016
HC-KAR
ORAL ORDER
1. This writ petition is filed against the respondents, which includes private respondents, alleging that a wall constructed by the petitioners has been illegally demolished by the respondents and the following prayers are made:
"A. The petitioner prays this Hon'ble Court may issue a writ, order or direction in the nature of a Writ of Mandamus to respondents to restore Schedule B Property of the petitioner to its original condition with the compound wall and gates on the southern, northern and eastern side as they existed before their demolition by the respondents 8 & 9 on 04.11.2012.
B. Issue a writ of certiorari declaring the road construction on the Schedule B Property illegal and violative of the Petitioner's property rights.
C. Issue a writ of prohibition to the respondents not to ever again illegally interfere with the Schedule B Property of the Petitioner.
D. Grant the Petitioner such other relief as this Hon'ble Court deems just and proper under the facts and circumstances of this case."-8-
NC: 2026:KHC:15008 WP No. 17050 of 2016 HC-KAR
2. The nature of lis between the parties involves disputed question of facts which cannot be decided by this Court in exercise of its powers under Article 226 of the Constitution of India. If the petitioners have any right against the respondents, they are required to establish the same before a Civil Court.
3. For the aforementioned reason, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate Civil Court in accordance with law.
Sd/-
(M.I.ARUN) JUDGE hkh.
List No.: 1 Sl No.: 42