Lekshmi.T vs The District Collector, Kollam ...
2021 Latest Caselaw 18116 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 17945 OF 2021
PETITIONER :-

          LEKSHMI.T., AGED 43 YEARS
          W/O.DR.SUNIL.J., RESIDING AT MADHAVAM, THEVALLY P.O.,
          KOLLAM, PIN-691 009.

          BY ADV A.JANI(KOLLAM)


RESPONDENTS :-

    1     THE DISTRICT COLLECTOR,
          KOLLAM DISTRICT,
          COLLECTORATE, KOLLAM, PIN-691 001.

    2     THE KOLLAM CORPORATION,
          REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
          KOLLAM, PIN-691 001.

    3     UNNIKRISHNA KURUPPU, AGED 58 YEARS
          RESIDING AT OTTAPLAKKIL VEEDU, KANNIMEL CHERRY,
          KAVANADU P.O., KOLLAM, PIN-691 003.

          BY SRI.APPU.P.S., GP
          BY SRI.M.K.CHANDRA MOHANDAS, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17945 OF 2021

                                -: 2 :-


                            JUDGMENT

Dated this the 3rd day of September, 2021

This writ petition is filed seeking directions to the respondents

to consider and pass orders on Ext.P5 complaint preferred by the

petitioner which is pending before the 1 st respondent. It is submitted

by the learned counsel for the petitioner that the petitioner is the

owner of a property covered by Ext.P1 sale deed. It is submitted that

the 3rd respondent, who is the owner of a neighbouring property is

constructing a place of worship in his property which is close to the

petitioner's property, without obtaining any permission. It is

submitted that as per the guidelines to Prevent and Control

Communal Disturbances and to Promote Communal Harmony, 2005,

the 3rd respondent had to obtain permissions from the 1 st respondent

for the construction of a place of worship. It is submitted that

pursuant to Government Order dated 14.2.2021, the petitioner had

approached the 2nd respondent and had also issued Ext.P3 stop

memo. It is submitted that pursuant to Ext.P4 interim order issued

by this Court, the power of the local authority to consider complaints

with regard to construction/starting of new religious places of

worship has reverted to the 1st respondent. The petitioner has, WP(C) NO. 17945 OF 2021

therefore, preferred Ext.P5 complaint before the 1 st respondent and

seeks a consideration thereof.

Having heard the learned Government Pleader also, there

will be a direction to the 1 st respondent to take up, consider and pass

orders on Ext.P5 complaint preferred by the petitioner with notice to

the petitioner as well as the 3 rd respondent and after hearing all

necessary parties, in accordance with law, including the 2 nd

respondent Corporation. Appropriate steps shall be taken within a

period of one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/13.9.2021 WP(C) NO. 17945 OF 2021

APPENDIX OF WP(C) 17945/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO.2569 OF KOLLAM SRO IN FAVOUR OF WRIT PETITION.

Exhibit P2 TRUE COPY OF COMPLAINT SUBMITTED BY WRIT PETITIONER TO 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF STOP MEMO ISSUED BY KOLLAM CORPORATION.

Exhibit P4 TRUE COPY OF ORDER PASSED BY THIS HONOURABLE COURT IN WP9C) NO.11776 OF 2021.

Exhibit P5 TRUE COPY COMPLAINT SUBMITTED BY WRIT PETITIONER TO FIRST RESPONDENT.