Kerala High Court
Unknown vs By Sri.E.K.Nandakumar on 24 July, 1938
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939
WP(C).No. 9289 of 2018
PETITIONER(S)
ST. DOMINIC'S CHURCH,
MUNDANKAL P.O., PALA, KOTTAYAM DISTRICT, PIN-686 574,
REPRESENTED BY ITS VICAR FR.CYRUS VELAMPARAMBIL, RESIDING
AT ST.DOMINIC'S CHURCH, MUNDANKAL.
BY SRI.E.K.NANDAKUMAR, SENIOR ADVOCATE
ADVS. SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT(S):
1. KAROOR GRAMA PANCHAYAT,
PONAD P.O., KAROOR-686 574, KOTTAYAM DISTRICT REPRESENTED
BY ITS SECRETARY.
2. THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM-686 002.
3. THE REVENUE DIVISIONAL OFFICER,
PALA, KOTTAYAM DISTRICT-686 575.
4. THE VILLAGE OFFICER,
LALAM VILLAGE-PALA, KOTTAYAM DISTRICT-686 575.
5. K.T.ALEXANDER,
KADANKAVIL HOUSE, MUNDANKAL P.O., KOTTAYAM DISTRICT-686 574.
R1 BY ADV. SRI.SUNIL CYRIAC, S.C
R2 TO R4 BY GOVERNMENT PLEADER SMT.B.VINEETHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
20.03.2018
WP(C).No. 9289 of 2018 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1- TRUE COPY OF THE MINUTES OF THE PARISH COUNCIL
(YOGAM) OF ST.DOMINIC'S PARISH CHURCH,
MUNDANKAL DATED 24TH JULY 1938.
EXHIBIT P2- TRUE COPY OF THE MINUTES OF THE PARISH COUNCIL
(YOGAM) OF ST.DOMINIC'S PARISH CHURCH,
MUNDANKAL DATED 6TH NOVEMBER 1938.
EXHIBIT P3- TRUE COPY OF THE MINUTES OF THE PARISH COUNCIL
OF ST.DOMINIC'S CHURCH MUNDANKAL DATED 10TH
SEPTEMBER 1939.
EXHIBIT P4- TRUE COPY OF THE MINUTES OF THE PARISH COUNCIL
OF ST.DOMINIC'S CHURCH, MUNDANKAL DATED 1ST
OCTOBER 1939.
EXHIBIT P5- TRUE COPY OF THE 1ST PAGE OF THE 1ST BURIAL
REGISTER OF THE ST.DOMINIC'S CHURCH MUNDANKAL.
EXHIBIT P6- TRUE COPY OF THE SURVEY PLAN OF THE CHURCH
PROPERTY INCLUDING THE CEMETERY PROPERTY
APPROVED BY THE THALUK SURVEYOR MEENACHIL.
EXHIBIT P7- TRUE COPY OF THE TOPOGRAPHICAL PLAN OF THE
CHURCH AND ITS PROPERTY PREPARED BY GLOBAL
DIGITAL SURVEY.
EXHIBIT P8- TRUE COPY OF THE DETAILED PLAN OF THE CEMETERY.
EXHIBIT P9- TRUE COPY OF THE PHOTOGRAPHS OF THE CEMETERY.
EXHIBIT P10- TRUE COPY OF THE RELEVANT DOCUMENT
CONNECTED WITH THE SURVEY OF THE SOUTHERN
BOUNDARY OF THE CEMETERY (DATED 20/02/2017).
EXHIBIT P11- TRUE COPY OF THE COUNTERFOIL OF THE RECEIPT
ISSUED TO THE 5TH RESPONDENT DATED 19/09/2017.
EXHIBIT P12- TRUE COPY OF THE STOP MEMO DATED 03/11/2017
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P13- TRUE COPY OF THE JOINT INSPECTION REPORT OF THE
OFFICERS OF THE 1ST RESPONDENT.
EXHIBIT P14- TRUE COPY OF THE COVERING LETTER DATED
04/12/2017, (WITHOUT ENCLOSURE).
EXHIBIT P15- TRUE COPY OF THE LETTER VIDE REF. NO.B6/11997/17
DATED 27/11/17 ISSUED BY THE THAHASILDAR,
MEENACHIL TO THE RESPONDENTS.
WP(C).No. 9289 of 2018 (I)
EXHIBIT P16- TRUE COPY OF THE LETTER NO.AY/4404/2017 DATED
30/11/2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P17- TRUE COPY OF THE DETAILED REPLY DATED 08/01/2018
ALONG WITH TESTIMONIALS/PROOFS EXPLAINING THE
REASONS FOR THE REPAIRS/RECONSTRUCTION IN THE
CEMETERY WITHOUT OBTAINING A PERMIT (WITHOUT
ENCLOSURES).
EXHIBIT P18- TRUE COPY OF THE LETTER NO.A2/4622/17 DATED
08/12/2017 OF THE 3RD RESPONDENT TO THE
PETITIONER.
EXHIBIT P19- TRUE COPY OF THE WRITTEN SUBMISSION DATED
08/01/2018 TO THE 3RD RESPONDENT (WITHOUT
ENCLOSURES).
EXHIBIT P20- TRUE COPY OF THE REPORT NO.A2/4622/17 DATED
16/01/2018 FROM THE 3RD RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P21- TRUE COPY OF THE LETTER NO.A4-4406/17 DATED
27/01/2018 ISSUED FROM THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P22- TRUE COPY OF THE LETTER NO.41/18 DATED 31/01/2018
ISSUED FROM THE 4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
20.03.2018
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = =
W.P.(C).No.9289 of 2018
= = = = = = = = = = = = = = =
Dated this the 19th day of March, 2018
JUDGMENT
1. This writ petition is filed challenging Ext.P21 and P22 orders issued by the Grama Panchayat and the village officer respectively. The learned Senior Counsel appearing for the petitioner contends that the orders are issued without considering the nature of the work done in respect of the tombs in question. The learned Standing Counsel for the 1 st respondent contended that Exts.P21 is an appealable order.
2. In the above view of the matter, I am of the opinion that it is for the petitioners to approach the appellate authority challenging Exts.P21 order. In case such an appeal is preferred within two weeks from the date of receipt of a copy of this judgment, further proceedings pursuant to Exts.P21 and P22 shall stand deferred by the Panchayat and the Village Officer for a period of one month.
The writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge sj