Kerala High Court
St.George Church vs State Of Kerala on 11 October, 2018
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY,THE 11TH DAY OF OCTOBER 2018 / 19TH ASWINA, 1940
WP(C).No. 33270 of 2018
PETITIONER:
1 ST.GEORGE CHURCH
MUKKATTUKARA, NETTISSERY, THRISSUR DISTRICT,
PIN 680651, REPRESENTED BY ITS VICAR
REV.FR.JOLLY CHIRAMEL.
2 K.K.GEORGE, WORKING TRUSTEE, ST.GEORGE CHURCH
MUKKATTUKARA, NETTISSERY, THRISSUR DISTRICT,
PIN 680651.
BY ADVS
SRI.P.T.JOSE
SRI.N.B.BALACHANDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, CIVIL
STATION , AYYAMTHOL, THRISSUR DISTRICT , PIN
680003
2 PUBLIC WORKS DEPARTMENT
REPRESENTED BY ASSISTANT EXECUTIVE ENGINEER,P W
D ROADS SUB DIVISION,THRISSUR,PIN-680620.
3 DISTRICT SURVEY SUPERINTENDENT
CIVIL STATION,AYYAMTHOL,THRISSUR DISTRICT,PIN-
680003.
OTHER PRESENT:
VINITHA B. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.10.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.33270/18
2
JUDGMENT
1. Petitioners have approached this Court with the following prayers:-
"i)to call for the records leading to Exhibit P3 and quash the same by issuing a writ in the nature of certiorari or other appropriate writ or order or direction holding that Ext.P3 is perverse and illegal.
ii)Direct respondents 1 and 2 to measure the property wherein the Kalkurissu is situated with the assistance of the 3 rd respondent and to ascertain whether the same is situated in the property owned by the petitioner Church covered under Ext.P1
iii)Direct the 2nd respondent to consider Ext.P4 and P5 statement after hearing the petitioner church before processing on the basis of Ext.P3 notice."
2. Heard learned counsel for the petitioners and learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners that Exhibit P3 notice has been issued in terms of Rule 13A of the Land Conservancy Act. The learned counsel for the petitioners submits that Exhibits P4 and P5 objections have been preferred as against Exhibit P3 notice. W.P.(C).No.33270/18 3
4. There will be a direction to the respondents to take up, consider and pass appropriate orders on Exhibit P4 and P5 objections preferred by the petitioners before taking any further action in terms of Exhibit P3. Orders, as directed above, shall be passed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge sj APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF NETTISSERY VILLAGE SURVEY AND SETTLEMENT REGISTER.
EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 27-09-2018 IN RESPECT OF SURVEY NO.354/1 OF NETTISSERY VILLAGE FROM 1-1-1969 TO 17-7-2018.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 22.05.2018.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED 13.7.18. W.P.(C).No.33270/18 4 EXHIBIT P5 TRUE COPY OF THE ADDITIONAL STATEMENT SUBMITTED TO THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE SURVEY SKETCH. EXHIBIT P7 TRUE COPY OF THE SURVEY PLAN MEASURED AND PREPARED BY THRISSUR LAND TECH,THE LAND CONSULTANT.
True copy PS to Judge