Fr.Antony Pallyathara vs The District Collector
2021 Latest Caselaw 4532 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                       WP(C).No.3146 OF 2021(P)


PETITIONER:

               FR.ANTONY PALLYATHARA,
               AGED 45 YEARS
               S/O P.C.JOSEPH, VICAR, ST.JUDE CHURCH
               (EARLIER FATHIMA MATHA CHURCH), THRIKKALANGODE,
               THRIKKALANGODE P.O., MALAPPURAM DISTRICT,
               RESIDING AT HOLY CROSS CHURCH,
               T.B ROAD, MANJERI, PIN-676 121.

               BY ADVS.
               SRI.LIJI.J.VADAKEDOM
               SMT.REXY ELIZABETH THOMAS
               SRI.RAJEEV JYOTHISH GEORGE

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               OFFICE OF THE DISTRICT COLLECTOR,
                CIVIL STATION, MALAPPURAM DISTRICT,
               MALAPPURAM-676 505.

      2        THE DISTRICT DISASTER MANAGEMENT AUTHORITY,
               REPRESENTED BY ITS DISTRICT COLLECTOR,
               OFFICE OF THE DISTRICT COLLECTOR,
               CIVIL STATION, MALAPPURAM DISTRICT,
               MALAPPURAM-676 505.

      3        THRIKKALANGODE GRAMA PANCHAYAT,
               THRIKKALANGODE P.O., MALAPPURAM DISTRICT,
               PIN-676 127, REPRESENTED BY ITS SECRETARY.

      4        THE SECRETARY,
               THRIKKALANGODE GRAMA PANCHAYAT,
               THRIKKALANGODE P.O.,
               MALAPPURAM DISTRICT, PIN-676 127

      5        IBRAHIM, AGED 64 YEARS
               S/O VEERAN, KARIPPALI HOUSE,
 WP(C).No.3146 OF 2021(P)

                                 2

             NSS COLLEGE P.O.,
             KARAKKUNNU DESOM,
             ERANADU THALUK,
             MALAPPURAM, PIN-676 122.

      6      E.P MUHAMMED, AGED 70 YEARS
             S/O KOYA SHAPPINKUNNU HOUSE,
             KARAKKUNNU DESOM, ERANADU THALUK,
             MALAPPURAM, PIN-676 122.


OTHER PRESENT:

             SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3146 OF 2021(P)

                                     3




                           J U D G M E N T

The complaint of the petitioner is that the

property of the Church is seriously damaged by way of

excavation of soil by respondents 5 and 6 and on

account of flood. It is stated that since the

retention wall constructed was not in a scientific

manner the disaster to the petitioner's property

continues and is being aggravated. Pointing out all

these petitioner has approached the second respondent

with Ext.P6 representation which was addressed to the

1st respondent. According to the petitioner, no

effective steps are taken so far, though it was

forwarded to the Panchayath for appropriate action.

In the said circumstances, there shall be a

direction to the second respondent to consider Ext.P6

representation and to take appropriate steps, after

affording an opportunity of hearing to the petitioner WP(C).No.3146 OF 2021(P)

and respondents 3 to 6, within a period of 'two

months' from the date of receipt of a copy of the

judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.3146 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE COPY OF THE DECREE ERECTION OF ST.JUDE'S CHURCH THRIKKALANGODE DATED 3.12.2020 ISSUED BY THE BISHOP OF CALICUT

EXHIBIT P2 THE COPY OF THE TAX RECEIPT SHOWING REMITTANCE OF TAX FOR 23.80 ARES OF LAND

EXHIBIT P3 THE ROUGH SKETCH SHOWING THE LOCATION OF THE PROPERTY OF THE CHURCH AND THAT OF RESPONDENTS 5 AND 6 AND THE NADUGANI-PERUMPILAVU STATE HIGHWAY

EXHIBIT P4 THE COPY OF THE AGREEMENT DATED 21.5.2011 EXECUTED BY RESPONDENT NO.5 IN FAVOUR OF THE THEN VICAR OF FATHIMA MATHA CHURCH (NOW ST.JUDE CHURCH)

EXHIBIT P4 (A) THE COPY OF THE AGREEMENT DATED 9.12.2014 EXECUTED BY RESPONDENT NO 5 IN FAVOUR OF THE PETITIONER

EXHIBIT P4 (B) THE COPY OF THE AGREEMENT DATED 27.1.2016 EXECUTED IN BETWEEN THE PETITIONER AND RESPONDENTS 5 AND 6

EXHIBIT P5 THE PHOTOGRAPH SHOWING THE COLLAPSED PORTION OF THE RETAINING WALL OF THE NORTH WESTERN SIDE OF THE PROPERTY OF THE CHURCH

EXHIBIT P5 (A) TWO PHOTOGRAPHS SHOWING THE CHURCH BUILDING AND THE ROAD PASSING UNDERNEATH

EXHIBIT P6 THE COPY OF THE REPRESENTATION DATED 11.8.2020 SUBMITTED BEFORE THE 1ST RESPONDENT DISTRICT COLLECTOR MALAPPURAM WP(C).No.3146 OF 2021(P)

EXHIBIT P7 THE COPY OF THE REPRESENTATION DATED 12.8.2020 SUBMITTED BEFORE THE 3RD RESPONDENT THRIKKALANGOD PANCHAYAT

EXHIBIT P8 THE COPY OF REPRESENTATION DATED 13.8.2020 SUBMITTED BEFORE THE RDO- PERINTHALMANNA

EXHIBIT P9 THE COPY OF THE COMMUNICATION DATED 3.9.2020 ISSUED BY 1ST RESPONDENT- DISTRICT COLLECTOR TO 4TH RESPONDENT- SECRETARY