Kerala High Court
Sajan N.P vs St. Francis Xavier Church on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
RP NO. 439 OF 2024
AGAINST THE JUDGMENT DATED IN WP(C) NO.16363 OF 2021 OF HIGH
COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 4 TO 6:
1 SAJAN N.P
AGED 52 YEARS
S/O PURUSHOTHAMAN VELIPPARAMBIL HOUSE,
THEKKUMBHAGOM, MARKET ROAD, PUTHIYAKAVU,
THRIPUNITHURA-, PIN - 682301
2 BIJU O.S,
AGED 48 YEARS
S/O SATHYAN, OLIPARAMBIL, THEKKUMBHAGOM,
THRIPUNITHURA-, PIN - 682301
3 SUKUMARAN K,
AGED 75 YEARS
S/O GOVINDA KURUP, VALOKKOTTU HOUSE,
UDAYAMPEROOR, PIN - 682307
BY ADVS.
P.MARTIN JOSE
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
HARIKRISHNAN S.
RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 TO 3, 7 AND 8:
1 ST. FRANCIS XAVIER CHURCH,
PUTHIYAKAVU, THIRPUNITHURA P.O,
REPRESENTED BY ITS VICAR, FR. GEORGE,
MOONJELY,, PIN - 682301
2 SUNNY,
AGED 38 YEARS
S/O GEORGE, PADUPURACKAL HOUSE,
KAIKAR,PUTHIYAKAVU, THRIPUNITHURA P.O,
ERNAKULAM, PIN - 682301
3 MARTIN,
AGED 52 YEARS
RP No.439/2024
2
S/O P.V VARGHESE, PUREPARAMBIL HOUSE,
KAIKAR, PUTHIYAKAVU, THRIPUNITHURA P.O,
ERNAKULAM, PIN - 682301
4 THRIPUNITHURA MUNICIPALITY,
THRIPUNITHURA, REPRESENTED BY ITS SECRETARY,
PIN - 682301
5 SECRETARY
THRIPUNITHURA MUNICIPALITY,
THRIPUNITHURA,, PIN - 682301
6 CHAIRPERSON,
THRIPUNITHURA MUNICIPALITY,
THRIPUNITHURA,, PIN - 682301
7 THE DEPUTY COLLECTOR,
DISASTER MANAGEMENT AUTHORITY, ERNAKULAM
DISTRICT, CIVIL STATION,
KAKKANAD-, PIN - 682030
8 THE EXECUTIVE ENGINEER,
PWD BUILDING DIVISION, ERNAKULAM, PIN - 682026
SRI.RIYAL DEVASSY, GP
K.S.ARUN KUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.439/2024
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
R.P. No.439 of 2024
----------------------------------------------
Dated this the 05th day of April, 2024
ORDER
This review petition is filed by respondents 4 to 6 in the
writ petition to review the judgment dated 25.03.2024 in
W.P.(C). No.16363/2021. This Court disposed the writ petition
with following directions:
"Respondents 1 to 3 are allowed to demolish the
building mentioned in Exts.P21 and P22 and
once the building is reconstructed, the party
respondents are free to approach the petitioners
for accommodating them also in the new building
which would be considered by the petitioners in
the light of the direction in Ext.P22."
2. First of all I make it clear that the direction is not to
respondents 1 to 3 in the writ petition, but it is to the writ
petitioners and the writ petitioners are allowed to demolish
the building mentioned in Exts.P21 and P22. Ordered
accordingly. The review petitioners, who are respondents 4 to
6 in the writ petition, submitted that a breathing time is
necessary to vacate the premises before demolishing the
building because they are conducting some business in the
building.
3. Considering the facts and circumstances of the
case, the review petitioners are given six weeks time to vacate
the premises from today. If the premises are not vacated
within six weeks, the writ petitioners are allowed to demolish
the building as directed in the judgment.
With the above modification, this review petition is
disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
