Fr.Dr.John George vs State Of Kerala
2024 Latest Caselaw 10762 Ker

Kerala High Court

Fr.Dr.John George vs State Of Kerala on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      WP(C) NO. 16128 OF 2015
PETITIONERS:
    1     FR.DR.JOHN GEORGE
          AGED 55 YEARS
          S/O.VARKEY @ GEORGE, ERNYAKULATHIL HOUSE,
          ELANJI KARA, ELANJI VILLAGE, ELANJI P.O.,
          PIN - 686 665, MUVATTUPUZHA,
          THE PRINCIPAL OF ST.PHILOMENA'S PUBLIC SCHOOL AND
          JUNIOR COLLEGE, ELANJI, MUVATTUPUZHA.
    2     DR.SILVY XAVIER
          AGED 45 YEARS
          W/O.FR.JOHN GEORGE, ERNYAKULATHIL HOUSE,
          ELANJI KARA, ELANJI VILLAGE, ELANJI P.O.,
          PIN - 686 665, MUVATTUPUZHA.
          BY ADVS.SRI.A.K.JAYAPRAKASH
          SRI.GIGIMON ISSAC

RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED Y IT'S SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVT: DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.
    2     THE ELANJI GRAMA PANCHAYATH
          REPRESENTED BY IT'S SECRETARY, ELANJI P.O.,
          ERNAKULAM DISTRICT, PIN - 686 665.
          BY ADVS.SRI.B.S.SYAMANTAK, GP
          SRI.P.VISWANATHAN
          SRI.S.ASHOK KUMAR.
          SRI.AJITH VISWANATHAN
          SRI.GEO PAUL
          SRI.JERRY VARGHESE
          SRI.LENIN P. SUKUMARAN
          SRI.C.R.PRAMOD
          SRI.RADHIKA RAJASEKHARAN P.
          SRI.SANU MATHEW


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    12.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.16128/2015

                                       2



                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.16128 of 2015
                ----------------------------------------------
               Dated this the 12th day of April, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to issue number to the petitioners' building based on Exts.P1 and Exts.P3 to P10. ii. To issue any appropriate writ, direction, order or reliefs that this Honourable Court deems fit to grant in the circumstances of the case. Iii. Award the petitioner the costs of the original petition.

(SIC)

2. When this writ petition came up for consideration

on 23.7.2015, this Court passed the following order:

"The grievance raised by the petitioner in the writ petition is non numbering of the building already constructed by the petitioner pursuant to grant of Ext.P1 building permit within the limits of 2nd respondent Panchayath.

2. Inspite of service of notice to 2 nd respondent Panchayath so far the Panchayath has not entered

appearance and the date posted by this Court for the appearance of the Panchayath was on 26.06.2015. The learned counsel for the petitioner in that circumstances presses for the relief of provisionally numbering the building.

3. I heard the learned Government Pleader. But learned Government Pleader submits that the numbering of the building is within the realm of 2 nd respondent Panchayath. The learned counsel for the petitioner contended that the building was constructed with intention of accommodating the students of school run by the trust within the same premises.

Taking into account the totality of the circumstances, I feel that an interim order can be passed directing the Panchayath to number the building constructed pursuant to Ext.P1 permit provisionally subject to the result of the writ petition, within a period of three weeks from the date of receipt of the copy of this order."

3. Based on the above order, the building is already

numbered. Admittedly it is a hostel building attached to the

school and that is why this Court directed to number the

building.

4. But, if there is violation of any statutory provisions,

the respondent Panchayat is free to proceed against the

petitioners in accordance with law with notice to the

petitioners. I make it clear that the contesting respondent is

also free to agitate their case, separately, if there is violation

of any statutory provisions.

With the above observation and retaining the order dated

23.7.2015, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 16128/2015

PETITIONER EXHIBITS EXHIBIT P1. BUILDING PERMIT NO.A3/873/2012 DATED 05.03.2012 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2. LETTER NO:A3-72/2015 DATED 25.03.2015 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3. CERTIFICATE NO:204/2015 DATED 07.04.2015 ISSUED BY THE VILLAGE OFFICER ELANJI.

EXHIBIT P4. THE TRUE COPY OF SALE DEED NO:1201/2010 OF THE KOOTHATTUKULAM SUB REGISTRY.

EXHIBIT P5. THE TRUE COPY OF SALE DEED NO:1079/2010 OF THE KOOTHATTUKULAM SUB REGISTRY.

EXHIBIT P6. THE TRUE COPY OF SALE DEED NO:1073/2003 OF THE KOOTHATTUKULAM SUB REGISTRY.

EXHIBIT P7. THE TRUE COPY OF LEASE DEED NO:214/2002 OF THE KOOTHATTUKULAM SUB REGISTRY.

EXHIBIT P8. A PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF THE PETITIONERS WITH THE HOSTEL BUILDING IN IT'S BACKGROUND.

EXHIBIT P9. A PHOTOGRAPH SHOWING THE HOSTEL BUILDING AND IT'S SURROUNDINGS. EXHIBIT P10. A PHOTOGRAPH SHOWING THE HOSTEL BUILDING AND IS'S SURROUNDINGS.