V.C.Joseph vs The District Collector

Kerala High Court

V.C.Joseph vs The District Collector on 21 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 11545 OF 2017
PETITIONER:

             V.C.JOSEPH
             VETTIKKAT HOUSE, KANAYANGAVAYAL, PERUVANTHANAM PO,
             IDUKKI DISTRICT.

             BY ADVS.
                  SRI.K.JAJU BABU (SR.)
                  SMT.M.U.VIJAYALAKSHMI



RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             IDUKKI DISTRICT-685 603.

     2       THE SUPERINTENDENT OF POLICE
             IDUKKI DISTRICT-685 603.

             BY ADV. SMT. THUSHARA JAMES (SR.GP)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.11545/2017                            2




                                  JUDGMENT

This writ petition was filed in the year 2017 seeking the following reliefs:

i. issue a writ of certiorari or any other appropriate writ, order or direction calling for Ext.P6 and quash the same;

ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to give necessary sanction in terms of Ext.P4 for the restoration of the damaged arch board in front of the Holy Cross at Kanayangavayal in Panchalimedu as evidenced by Ext.P1, as applied for Ext.P2 and P3 forthwith.

iii. Declare that the of the damaged arch board in front of the Holy Cross at Kanayangavayal in Panchalimedu is permitted to be restored so long as the nearby arch board of Sree Bhuvaneswary Devi Temple evidenced in Ext.P1 is treated as legally erected. iv. Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances the case;

and v. Award costs to the petitioner.

2. The main case put forward by the petitioner appears to be that the authorities have removed an arch board in front of the Kanayangavayal Holy Cross, Panchalimedu, while another arch board of the Panchalimedu Sree Bhuvaneswary Devi Temple, which is a temple under the Travancore Devaswom Board, has been permitted to be retained. The principal contention taken before this Court is that the authorities have permitted a similar arch in front of a temple to remain while not giving permission to restore the arch, which was situated in front of the Kanayangavayal Holy Cross in Panchalimedu. It is settled in law that there is no concept of negative equality under the Constitution. There is no pleading in the writ petition to suggest that the petitioner or any other person has a right to erect the arch at the place where it was situated. Moreover, the counter affidavit filed by the 1st respondent indicates that the arch in question was situated on puramboke land. W.P.(C)No.11545/2017 4

Therefore, I find no reason to grant any of the reliefs sought for in the writ petition. Writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.11545/2017 5 APPENDIX OF WP(C) 11545/2017 PETITIONER'S EXHIBITS EXHIBIT P1 COPY OF THE PHOTOGRAPHS SHOWING THE DEMOLISHED ARCH BOARD OF HOLY CROSS AT KANAYANGAVAYAL EXHIBIT P2 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE GOVERNMENT ORDER GO(P)NO.217/05/HOME DATED 25.7.2005 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN WP(C)NO.36423/2016 OF THIS HON'BLE COURT EXHIBIT P6 TRUE COPY OF THE COMMUNICATION VIDE NO.E1-34647/2016 DATED NIL ISSUED BY THE 1ST RESPONDENT RESPONDENT'S EXHIBIT EXHIBIT R1(a) PHOTOCOPY OF THE PROCEEDINGS NO.

CII-29823/16 DATED 15.03.2017.