George K John vs State Of Kerala
2022 Latest Caselaw 5741 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 13733 OF 2022
PETITIONERS:

    1      GEORGE K JOHN
           AGED 62 YEARS
           SON OF K.U. MANI, RESIDING AT KARIKKOTTIL HOUSE,
           KOLENCHERRY P.O, ERNAKULAM DISTRICT, PIN- 686 503.
    2      K.P SKARIYA,
           AGED 65 YEARS, SON OF PHILIPOSE, KIZHAKKANTHOTTATHIL
           HOUSE, KADAMATTOM P.O,ERNAKULAM DISTRICT, 682311.
    3      T.J.BABU,
           AGED 58 YEARS, SON OF JACOB, THOTTIYIL HOUSE,
           KADAMATTOM P.O, ERNAKULAM DISTRICT, 682311.
           BY ADVS.
           PEEYUS A.KOTTAM
           JOMON J. MALIEKAL
           ARJUN S BENEDICT


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY,
           THIRUVANANTHAPURAM - 695 001.
    2      SECRETARY
           DEPARTMENT OF ARCHEOLOGY & GOVERNMENT OF KERALA,
           THIRUVANANTHAPURAM - 695 001.
    3      ARCHEOLOGICAL DEPARTMENT,
           DIRECTORATE OF ARCHEOLOGY, SUNDARAVILASAM PALACE, FORT
           P.O, THIRUVANANTHAPURAM, PIN-695023, REPRESENTED BY ITS
           DIRECTOR.
    4      DISTRICT COLLECTOR,
           COLLECTORATE, CIVIL STATION, KAKKANAD,
           ERNAKULAM, PIN -682530.
    5      REVENUE DIVISIONAL OFFICER,
           MUVATTUPUZHA, GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA
 WP(C) NO. 13733 OF 2022
                           2

          ROAD, MUVATTUPUZHA, KERALA 686 673.
   6      MANAGING COMMITTEE,
          ST. GEORGE ORTHODOX CHURCH, KADAMATTOM,
          KOLENCHERRY, REPRESENTED BY ITS MANAGING
          TRUSTEE, PIN -682311.
   7      REV. FR. SUNNY VARGHESE PUNNACHALIL,
          AGED 45 YEARS, SON OF P.C. VARGHESE, VICAR,
          ST. GEORGE ORTHODOX CHURCH,
          KADAMATTOM, PIN - 682311.
   8      SECRETARY,
          DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT OF
          KERALA, THIRUVANANTHAPURAM-695 001
          BY ADVS.
          SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
          ANIMON A. JOHN
          SHAN V. SHINE


          SRI.GIBU.T.S, GP WITH ADDL.AG



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13733 OF 2022
                                  3


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
            W.P.(C).No. 13733 of 2022
     ----------------------------------------------
       Dated this the 27th day of May, 2022


                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or any other appropriate order or direction and thereby command the respondents 1 to 5 to take immediate steps to prevent the 6th and 7th respondent, from altering, changing, reconstructing the existing Kadamattom church or doing anything on the ancient building named St.George, Kadamattom Church without the sanction/permission from the archeological department as well as the government.

(ii) Grant such other reliefs, which are just and necessary in the interest of justice and deem fit."[SIC]

2. When this writ petition came up for

consideration, the learned Government Pleader and the

counsel appearing for respondents 6 and 7 submitted

that as per proceedings No.ARCDA/512/2022-T3 dated

24.05.2022 of the Director, Department of WP(C) NO. 13733 OF 2022

Archaeology, permission is granted for certain

repair/maintenance/conservation work of the

St.George Orthodox Syrian Church at Kadamattom

with certain conditions. In the light of the same,

nothing survives in this case. But I make it clear that

respondents 6 and 7 will scrupulously follow the

conditions in the proceedings No.ARCDA/512/2022-T3

while doing the repair work. This Court while

admitting the writ petition directed the 4th and 5th

respondents to ensure that no construction activity

shall be allowed without the permission of the

competent authority. I make it clear that, if any order

is passed by the 5th respondent in the light of the order

passed by this Court on 08.04.2022, consequential

order in the light of the permission granted by the

Director, Department of Archaeology will be passed by

the 5th respondent in accordance to law. If any licence

is required from any other statutory authority, the 6 th

and 7th respondents will obtain the same also before WP(C) NO. 13733 OF 2022

proceeding with the work.

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13733 OF 2022

APPENDIX OF WP(C) 13733/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LIST PUBLISHED BY THE STATE ARCHEOLOGICAL DEPARTMENT IN THE OFFICIAL WEBSITE OF DEPARTMENT OF CULTURAL AFFAIRS EXHIBIT P2 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING PREPARATIONS MADE BY THE 6TH AND 7TH RESPONDENT TO RENOVATE THE CHURCH .

EXHIBIT P3       TRUE COPY OF THE TENDER NOTICE
                 ISSUED   BY    THE   6TH   AND   7TH

RESPONDENTS INVITING CONTRACTORS FOR RESTORATION WORK OF THE ROOF OF THE CHURCH OF MAIN BUILDING PUBLISHED IN MALAYA MANORAMA DAILY NEWSPAPER DATED 01.02.2022 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR AND ARCHEOLOGICAL DEPARTMENT DATED 05.04.2022.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT REPORTED IN 2009 (3) KHC 322 (REV. FR. MATHEW NARIVELYAND 2 OTHERS VS STATE OF KERALA AND OTHERS).

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE