Kerala High Court
Vijayakumar vs Malankara Catholic Church on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 28800 OF 2012
PETITIONERS :
1 VIJAYAKUMAR, AGED 44 YEARS,
S/O K. VASU NAIR, VENEETHALAYAM, PULLAMALA,
THEVALAPPURAM P.O, PUTHUR, KOLLAM DISTIRCT 691 507.
2 SAJJU.S, AGED 39 YEARS
S/O SASI, GIRISH BHAVAN, PULLAMALA HARIJAN COLONY,
PULLAMALA, THEVALAPPURAM P.O, PUTHUR,
KOLLAM DISTRICT 691 507.
BY ADVS.
SRI.T.K.VIPINDAS
SMT.P.K.PRIYA
SRI.K.V.SREE VINAYAKAN
RESPONDENTS :
1 ST.GEORGE MALANKARA CATHOLIC CHURCH,
NEAR PARAYIL JUNCTION, THEVALAPPURAM,
KOTTARAKARA TALUK, KOLLAM DISTRICT 691007,
REPRESENTED BY VICAR
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM 691013
3 VILLAGE OFFICER,
VILLAGE OFFICE, NEDUVATHUR,
KOTTARAKARA TLAUK, KOLLAM DISTRICT 691 506.
4 THE NEDUVATHUR PANCHAYATH.
NEDUVATHUR, KOTTARKKARA TALUK,
KOLLAM DISTRICT 691 506, REPRESENTED BY SECRETARY
W.P(C) No.28800 of 2012 2
5 STATE OF KERALA,
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT INSTITUTION,
SECRETARIAT, THIRUVANANTHAPRUAM 695 001.
BY ADVS.
R1 BYSRI.ALEX N.MATHEW KOLLAM
SRI.K.V.ANIL KUMAR
SRI.JAMES JOSE
SRI.H.RAMANAN
R2, R3 & R5 BY GP FAISAL K. M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.28800 of 2012 3
MOHAMMED NIAS C.P, J.
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W.P(C) No.28800 of 2012
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Dated this the 17th day of January, 2022.
JUDGMENT
The above writ petition is filed with the following reliefs :
(i) To issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or direction directing the respondents No.2 to 5 not to permit the 1st respondent to establish the proposed cemetery at Pullamala adjacent to the petitioners property being done in violation of legal provisions and procedures.
(ii) Allow the Writ petition with costs.
(iii) Grant such other further reliefs which this Hon'ble Court may be pleased to direct in the facts and circumstances of the case.
2. Today when the matter is taken up, the learned Government Pleader for respondent Nos.2, 3 & 5, as well as the learned Standing counsel for the 4th respondent Panchayat submit that no application has been made by the first respondent for establishing a Cemetery as alleged in the writ petition.
W.P(C) No.28800 of 2012 43. The submission of the said respondents is recorded. In the light of the above submission, the petitioners cannot be said to be aggrieved in any manner. Therefore, nothing further survives to be considered in this writ petition and the same is closed.
Sd/-
MOHAMMED NIAS C.P, JUDGE amk W.P(C) No.28800 of 2012 5 APPENDIX PETITIONER'S EXHIBITS :
EXHIBIT P1 : THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE LOCAL RESIDENTS BEFORE THE SUB INSPECTOR OF POLICE, PUTHUR DATED 22-8-2011.
EXHIBIT P2 : THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS AND THE LOCAL RESIDENTS BEFORE THE DISTRICT COLLECTOR.
EXHIBIT P3 : THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, NEDUVATHUR DATED 27-8-2012.
EXHIBIT P4 : THE TRUE COPY OF THE NOTICE DATED 29-8-2011 ISSUED BY THE SECRETARY, NEDUVATHUR GRAMA PANCHAYATH.
EXHIBIT P5 : THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE CEMETERY BY THE 1ST RESPONDENT.
EXHIBIT P6 : THE TRUE COPY OF THE INFORMATION ISSUED BY THE INFORMATION OFFICER, NEDUVATHUR GRAMA PANCHAYAT DATED 23-11-2012.
RESPONDENTS' EXHIBITS : NIL.