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Kerala High Court
Rev.Fr.Paul Maliyammavu vs State Of Kerala on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 42319 OF 2023
PETITIONER:
FR.JOJU CHIRIYANKANDATH,
AGED 46 YEARS
S/O.C.D.JOSE,VICAR, ST.JOSEPH CHURCH,
MANALUR WEST, P.O.MANALUR,
THRISSUR DISTRICT, PIN - 680617
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
RAJITH DAVIS
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE,
THRISSUR, PIN - 680007
3 MANALUR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
KANDASSAMKADAVU.P.O.,
THRISSUR, PIN - 680613
4 SECRETARY,
MANALUR GRAMA PANCHAYAT OFFICE,
KANDASSAMKADAVU.P.O.,
THRISSUR, PIN - 680613
BY ADVS.
PUBLIC PROSECUTOR
SHRI.V.N.HARIDAS, SC, MANALUR GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, ALONG WITH WP(C).3429/2024, 43161/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 3429 OF 2024
PETITIONER:
REV.FR.PAUL MALIYAMMAVU,
AGED 37 YEARS
S/O.JOHNSON.M.P, PRIEST IN CHARGE,
ST.MARY'S ROMAN CATHOLIC CHURCH,
OLLUR,P.O.ANCHERY,
THRISSUR DISTRICT, PIN - 680613
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
RAJITH DAVIS
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE,
THRISSUR., PIN - 680007
3 THRISSUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE,
THRISSUR., PIN - 680001
4 SECRETARY,
THRISSUR CORPORATION,
CORPORATION OFFICE,THRISSUR, PIN - 680001
BY ADV SANTHOSH P.PODUVAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).42319/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 43161 OF 2023
PETITIONER:
FR. WILSON PEREPPADAN,
AGED 41 YEARS
S/O JOSEPH P.V.,VICARST. MARY'S CHURCH,
NANDIKKARA (P.O), THRISSUR,
RESIDING AT PEREPPADAN HOUSE,
KALLETTUKARA (P.O) ALOOR,
THRISSUR -680683, PIN - 680301
BY ADVS.
PRANOY K.KOTTARAM
SIVARAMAN P.L
ATHUL BABU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
THRISSUR CIVIL STATION, AYYANTHOLE
THRISSUR, PIN - 680003
2 PARAPPUKKARA GRAMA PANCHAYAT,
NANDIKKARA (P.O), THRISSUR,
REPRESENTED BY ITS SECRETARY, PIN - 680301
BY ADV M.R.REENA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).42319/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
4
MOHAMMED NIAS C.P, J.
========================
W.P.(C) Nos. 42319, 43161 of 2023 and
3429 of 2024
========================
Dated this the 22nd day of May, 2024
JUDGMENT
All these writ petitions are filed seeking disposal of the applications they filed for renovation, extension of existing churches, and a new construction in W.P.(C) No. 3429 of 2024. As per Ext.P1 guidelines dated 25.07.2005, the applications were forwarded to the District Administration for passing orders on the same. By Ext.P2, as per G.O.(P) No.19/2021/Home, dated 14.02.2021, revised guidelines were introduced as regards the construction of religious places, as per which the applications are to be considered by the Local Self Government Authorities themselves. The revised guidelines were challenged in W.P.(C) No. 11776 of 2021, in which an interim order was passed on 07.07.2021. However, the writ petition was later dismissed by judgment dated 20.05.2024 upholding Ext.P2. Accordingly, the Local Self Government Authorities must consider the applications WP(C) NO.42319,43161 of 2023 and 3429 of 2024 5 for renovation, extension, and new construction of the religious place.
In view of the above, there will be a direction to the 3rd respondent in W.P.(C) No. 42319 of 2023, the 2nd respondent in W.P.(C) No. 43161 of 2023, and the 4th respondent in W.P.(C) No. 3429 of 2024 to consider the applications submitted by the petitioners for renovation, extension and new construction respectively, and pass orders in accordance with law, and strictly in terms of Ext.P2 notification issued in terms of Rule 5 of the Kerala Panchayat Building Rules, 2019, and also in view of the judgment of this Court in W.P.(C) No. 11776 of 2021 dated 20.05.2024. The above exercise shall be completed within a period of six weeks from the date of receipt of a copy of the judgment.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
WP(C) NO.42319,43161 of 2023 and 3429 of 2024 6 APPENDIX OF WP(C) 3429/2024 PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE GO(P) NO.217/05/HOME DATED 25.07.2005.
EXHIBIT P2 A COPY OF THE GO(P) NO.19/2021/HOME DATED 14.02.2021.
EXHIBIT P3 A COPY OF THE INTERIM ORDER DATED 07.07.2021 IN WPC NO.11776/2021.
EXHIBIT P4 A COPY OF THE LETTER DATED 04.05.2021 FROM DISTRICT COLLECTOR, THRISSUR TO THE 4TH RESPONDENT SECRETARY.
EXHIBIT P5 A COPY OF THE LETTER OLR/BA/18/17-18 DATED 08.12.2023.
WP(C) NO.42319,43161 of 2023 and 3429 of 2024 7 APPENDIX OF WP(C) 43161/2023 PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE VICAR, ALONG WITH ACKNOWLEDGMENT RECEIPT DATED 03.09.2022 EXHIBIT P2 TRUE COPY OF THE LETTER BY THE DISTRICT POLICE CHIEF TO THE 1ST RESPONDENT DATED 27.03.2023, ALONG WITH THE ENQUIRY REPORT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 17.06.2023 FROM THE TAHASILDAR, MUKUNDAPURAM TO THE 1ST RESPONDENT ALONG WITH THE ANNEXURES EXHIBIT P4 TRUE COPY OF G.O (P) NO. 217/05/HOME DATED 25.07.2005 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.02.2021 BEARING G.O(P) NO.19/2021/HOME EXHIBIT P6 TRUE COPY OF THE ORDER DATED 07.07.2021 IN W.P(C) NO. 11776/2021 PASSED BY THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE LETTER DATED 05.12.2023 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 05.10.2023 IN WPC 31448/2023 RESPONDENT EXHIBITS :
EXHIBIT R2(A) A TRUE COPY OF THE LETTER DATED 05-12- 2023 WP(C) NO.42319,43161 of 2023 and 3429 of 2024 8 APPENDIX OF WP(C) 42319/2023 PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE GO(P) NO.217/05/HOME DATED 25.07.2005 EXHIBIT P2 A COPY OF THE GO(P) NO.19/2021/HOME DATED 14.02.2021 EXHIBIT P3 A COPY OF THE INTERIM ORDER DATED 07.07.2021 IN WPC NO.11776/2021 EXHIBIT P4 A COPY OF THE DECISION NO.7(1) DATED 24.03.2023 OF MANALUR GRAMA PANCHAYAT EXHIBIT P5 A COPY OF THE LETTER NO.400711/BPAS01/ GPO/2023/751/(4) DATED 16.03.2023 EXHIBIT P6 A COPY OF THE REPRESENTATION DATED 14.11.2023 FILED BY THE PETITIONER BEFORE THE MANALUR GRAMA PANCHAYAT EXHIBIT P7 A COPY OF REPLY DATED 21.11.2023 BY THE SECRETARY TO THE PETITIONER // True Copy // PA To Judge