Fr. Ouseppachan vs The District Collector
2021 Latest Caselaw 17201 Ker

WP(C) No.16312/2021                       1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
             Friday, the 13th day of August 2021 / 22nd Sravana, 1943
                            WP(C) NO. 16312 OF 2021(L)
   PETITIONER:

          FR. OUSEPPACHAN, PARISH PRIEST, ST.MICHAELS CHURCH, WEST HILL,
          KOZHIKODE, PIN - 673 005.

   RESPONDENTS:

      1. THE DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, CIVIL STATION,
         KOZHIKODE - 673 020.
      2. THE REVENUE DIVISIONAL OFFICER AND SUB COLLECTOR, KOZHIKODE, OFFICE
         OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOZHIKODE - 673
         020.
      3. THE CITY POLICE CHIEF, KOZHIKODE CITY, OFFICE OF THE COMMISSIONER OF
         POLICE,       KOZHIKODE - 673 001.
      4. THE STATION COMMANDER, BRANCH RECRUITING OFFICE, WEST HILL BARRACKS,
         WEST HILL,     KOZHIKODE - 673005.
      5. COL. PUSHPENDRA JHINKWAN ,AGED ABOUT 45 YEARS, S/O.COL. (RETIRED)
         DEVENDRA SIGH JHINKWAN, STATION COMMANDER, BRANCH RECRUITING OFFICE,
         WEST HILL BARRACKS, WEST HILL P.O.,             KOZHIKODE - 673 020.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an interim order directing the Respondent No.3 to enforce
   Exhibit P5 order and directing the 4th respondent to remove all
   obstructions against the free entry of worshippers to the Church and also
   not to cause any obstruction or interference against doing essential
   repairs to the church building and preventing all construction actitivies
   in the parcel of land comprised in Town survey No.101, in Ward No.1, Block
   No.2 of Puthiyangadi Village, Kozhikode Taluk, till the disposal of the
   above Writ Petition.

        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. P.T.MOHANKUMAR Advocate for the petitioner, GOVERNMENT PLEADER for
   respondents 1 to 3 and of SHRI.P.VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL
   OF INDIA for respondent 4, the court passed the following:-




                                                         P.T.O.
 WP(C) No.16312/2021                 2/3

                       APPENDIX OF WP(C) 16312/2021
Exhibit P5            TRUE COPY OF THE JUDGMENT DATED 10/12/2012 IN CMA
                      NO.63/2012 OF THE DISTRICT COURT, KOZHIKODE.
 WP(C) No.16312/2021                              3/3




                                    P.B.SURESH KUMAR, J.
                          ---------------------------------------------------
                                   W.P.(C) No.16312 of 2021
                         ----------------------------------------------------
                         Dated this the 13th day of August, 2021.


                                             ORDER

Admit.

Government Pleader takes notice for respondents 1

to 3. Assistant Solicitor General of India takes notice for the

fourth respondent. Issue notice by speed post to the fifth

respondent.

The third respondent is directed to ensure that

Ext.P5 judgment is not disobeyed by anyone, if the same is still

in force.

Sd/-

P.B.SURESH KUMAR, JUDGE YKB

13-08-2021 /True Copy/ Assistant Registrar