Kerala High Court
Our Lady Of Dolours Church vs State Of Kerala on 9 October, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
RP.No.425 OF 2019 IN WP(C). 1820/2018
AGAINST THE JUDGMENT IN WP(C) 1820/2018(B) OF HIGH COURT OF KERALA
DATED 02.04.2019
PETITIONERS/PETITIONERS:
1 OUR LADY OF DOLOURS CHURCH,
MANJALY, KARUMALLOOR VILLAGE, NORTH PARAVUR TALUK,
NORTH PARAVUR - 683520
REPRESENTED BY ITS VICAR.
2 SECRETARY,
PARISH COUNCIL, OUR LADY OF DOLOURS CHURCH, MANJALY,
KARUMALOOR VILLAGE, NORTH PARAVUR TALUK,
NORTH PARAVUR - 683520
BY ADV. SRI.R.S.KALKURA
RESPONDENTS/PETITIONERS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 THE DISTRICT COLLECTOR,
ERNAKULAM, COLLECTORATE, KAKKANAD 682 030
ERNAKULAM DISTRICT.
3 THE TAHSILDAR,
NORTH PARUR, TALUK OFFICE, NORTH PARUR 683513
4 SHAMON P.H,
AGED 36 YEARS
S/O. HYDROSE, POYULUNGAL HOUSE, MANNAM P.O, MANJALY,
PRAVUR TALUK 683513
5 SHIBY,
AGED 45 YEARS
D/O. ABDULKARIM, KALARIKKAL HOUSE, MANNAM P.O,
MANJALY, PARAVUR TALUK 683513
R.P Nos.425 & 454 of 2019 2
6 NAJEEB,
AGED 40 YEARS
S/O. ABDULKARIM, KALARIKKAL HOUSE, MANNAM P.O,
MANJALY, PARAVUR TALUK 683513
7 RISHI,
AGED 41 YEARS
S/O.LAILA, KALARIKKAL HOUSE, MANNAM P.O, MANJALY,
PARAVUR TALUK 683513.
OTHER PRESENT:
SRI.K P HARISH, SENIOR GOVT. PLEADER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
09.10.2019, ALONG WITH RP.454/2019, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
R.P Nos.425 & 454 of 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
RP.No.454 OF 2019 IN WP(C). 3866/2018
AGAINST THE JUDGMENT IN WP(C) 3866/2018(G) OF HIGH COURT OF
KERALA DTD.02.04.2019
PETITIONER/7TH RESPONDENT:
VICAR
OUR LADY OF DOLLAR'S CHURCH, MANJALY,
KARUMALLOOR VILLAGE, MANNAM.P.O,PARAVUR,
ERNAKULAM-683513.
BY ADV. SRI.R.S.KALKURA
RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 6:
1 SHAMON, AGED 36,
S/O.HYDROSE,POYLUNGAL HOUSE,
MANJALY KARA,KARUMALLUR VILLAGE,
PARAVUR TALUK,MANNAM.P.O,ERNAKULAM,
PIN-683513.
2 MATHACHAN.E.M,
AGED 54 YEARS
S/O MATHAYI,ELAMKUNNAPPUZHA HOUSE,
MANJALY,MANNAM.P.O,ERNAKULAM,PIN-683513.
3 JAMSHEENA,
W/O.NAJEEB,KALARIKKAL HOUSE,MANJALY,
MANNAM.P.O,ERNAKULAM,PIN-683513.
4 ABDUL KAREEM,
AGED 59 YEARS
S/O.SYEDU,PUTHENPARAMBIL HOUSE,MANJALY,
MANNAM.P.O,ERNAKULAM-683513.
5 GRACY,
AGED 63 YEARS
W/O.VARGHESE,THERULLI HOUSE,MANJALY,
MANNAM.P.O,ERNAKULAM-683513.
R.P Nos.425 & 454 of 2019 4
6 SHIBI.K.A,
AGED 45 YEARS
S/O.ABDUL KAREEM,KALARIKKAL HOUSE,
MANJALY,MANNAM.P.O,ERNAKULAM-683513.
7 STATE OF KERALA,
SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
8 THE COMMISSIONER OF LAND REVENUE,
GROUND FLOOR,NEW BUILDING,BAKERY JUNCTION ROAD,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,PALAYAM,
THIRUVANANTHAPURAM,KERALA-695033.
9 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT,CIVIL STATION,KAKKANAD,
ERNAKULAM,PIN-682030.
10 THE TAHSILDAR,
PARAVUR TALUK,PARAVUR,TALUK OFFICE,PARAVUR,
ERNAKULAM-683513.
11 THE VILLAGE OFFICER,
KARUMALOOR VILLAGE OFFICE,PARAVUR,
ERNAKULAM-683513.
12 THE KARUMALOOR GRAMA PANCHAYAT,
KARUMALOOR,ALUVA,ERNAKULAM -683513,
REPRESENTED BY ITS SECRETARY.
SRI.K.P. HARISH, SENIOR GOVT. PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
09.10.2019, ALONG WITH RP.425/2019, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
R.P Nos.425 & 454 of 2019 5
O R D E R
These review petitions are filed seeking review of the common judgment of this Court in W.P.(C) Nos.1820 and 3866 of 2018 dated 02.04.2019. These writ petitions were disposed by directing the Government to consider the complaint raised by the party respondents. It appears that the Government had considered and passed orders in the matter. This Court had only directed the Government to consider the complaint. The Court had not considered the competency of the Government to pass orders on such complaint. Essentially these review petitions were filed stating that the Government has no authority to interfere in the matter. The question whether the Government has any authority or jurisdiction to interfere in the matter can be raised in appropriate proceedings challenging the orders of the Government.
With liberty as above and leaving open all the issues, these review petitions are disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE smp R.P Nos.425 & 454 of 2019 6 APPENDIX OF RP 454/2019 PETITIONER'S EXHIBITS:
ANNEXURE A1(a) TRUE COPY OF THE TAX RECEIPT BEARING NO.707 DATED 12.3.1997 ISSUED BY THE VILLAGE OFFICER,KARUMALLOOR.
ANNEXURE A1(b) TRUE COPY OF THE ORDER OF ASSIGNMENT DATED 18.9.1985 BEARING NO.844/85/RD ANNEXURE A1(c) TRUE COPY OF THE PATTA BEARING B-11837/87 DATED 4.06.1994 BY THE TAHSILDAR PARAVUR.
ANNEXURE A1(d) THE PHOTOGRAPHS OF THE PATHWAY LEADING TO THE CHURCH AND THE CHURCH ANNEXURE A1(e) TRUE COPY OF THE SUIT O.S.457 OF 2017 DATED 20.6.2017 ON THE FILE OF THE MUNSIFF'S COURT,NORTH PARUR.
ANNEXURE A1(f) TRUE COPY OF THE ORDER OF INJUNCTION IN I.A.NO.1616 OF 2O17ON THE FILE OF THE MUNSIFF'S COURT NORTH PARUR DATED 27.7.2017.
ANNEXURE A1(g) TRUE COPY OF THE PHOTOGRAPH OF THE ARCH PLACED IN THE PATHWAY LEADING TO THE CHURCH ANNEXURE A1(h) THE TRUE COPY OF THE LETTER OF REQUEST SUBMITTED BY THE 2ND AND 5TH PETITIONER DATED 17.6.1994 BEFORE THE CHURCH AUTHORITY.
ANNEXURE A1(i) TRUE COPY OF THE LETTER DATED 4.12.2017 ISSUED BY K.A.JOSEPH,MEMBER OF THE CHURCH TO THE PUBLIC INFORMATION OFFICER,ALANGAD BLOCK PANCHAYAT.
ANNEXURE A1(j) TRUE COPY OF THE REPLY DATED 22.12.2017 ISSUED BY THE PUBLIC INFORMATION OFFICER ALANGAD BLOCK PANCHAYAT TO K.A.JOSEPH. ANNEXURE A1(k) TRUE COPY OF THE LETTER DATED 29.8.2017 ISSUED BY KARUMALLOOR GRAMA PANCHAYAT. ANNEXURE A1(l) THE TRUE COPY OF THE REPORT DATED 20.12.1983 PREPARED BY THE REVENUE INSPECTOR ALANGAD WITH REGARD TO THE PROPERTY TO BE ASSIGNED IN FAVOUR OF THE CHURCH SHOWING THE LIE OF THE PROPERTY. R.P Nos.425 & 454 of 2019 7 ANNEXURE A1(m) TRUE COPY OF THE ORDER DATED 31.7.2017 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAKM IN PROCEEDINGS NO.M6- 5645/17.
RESPONDENTS' EXHIBITS: NIL.
True Copy P.S to Judge smp