Kerala High Court
Fr. Wilson Pereppadan vs The District Collector on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 42319 OF 2023
PETITIONER:
FR.JOJU CHIRIYANKANDATH,
AGED 46 YEARS
S/O.C.D.JOSE,VICAR, ST.JOSEPH CHURCH,
MANALUR WEST, P.O.MANALUR,
THRISSUR DISTRICT, PIN - 680617
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
RAJITH DAVIS
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE,
THRISSUR, PIN - 680007
3 MANALUR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
KANDASSAMKADAVU.P.O.,
THRISSUR, PIN - 680613
4 SECRETARY,
MANALUR GRAMA PANCHAYAT OFFICE,
KANDASSAMKADAVU.P.O.,
THRISSUR, PIN - 680613
BY ADVS.
PUBLIC PROSECUTOR
SHRI.V.N.HARIDAS, SC, MANALUR GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, ALONG WITH WP(C).3429/2024, 43161/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 3429 OF 2024
PETITIONER:
REV.FR.PAUL MALIYAMMAVU,
AGED 37 YEARS
S/O.JOHNSON.M.P, PRIEST IN CHARGE,
ST.MARY'S ROMAN CATHOLIC CHURCH,
OLLUR,P.O.ANCHERY,
THRISSUR DISTRICT, PIN - 680613
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
RAJITH DAVIS
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE,
THRISSUR., PIN - 680007
3 THRISSUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE,
THRISSUR., PIN - 680001
4 SECRETARY,
THRISSUR CORPORATION,
CORPORATION OFFICE,THRISSUR, PIN - 680001
BY ADV SANTHOSH P.PODUVAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).42319/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 43161 OF 2023
PETITIONER:
FR. WILSON PEREPPADAN,
AGED 41 YEARS
S/O JOSEPH P.V.,VICARST. MARY'S CHURCH,
NANDIKKARA (P.O), THRISSUR,
RESIDING AT PEREPPADAN HOUSE,
KALLETTUKARA (P.O) ALOOR,
THRISSUR -680683, PIN - 680301
BY ADVS.
PRANOY K.KOTTARAM
SIVARAMAN P.L
ATHUL BABU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
THRISSUR CIVIL STATION, AYYANTHOLE
THRISSUR, PIN - 680003
2 PARAPPUKKARA GRAMA PANCHAYAT,
NANDIKKARA (P.O), THRISSUR,
REPRESENTED BY ITS SECRETARY, PIN - 680301
BY ADV M.R.REENA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, ALONG WITH WP(C).42319/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
4
MOHAMMED NIAS C.P, J.
========================
W.P.(C) Nos. 42319, 43161 of 2023 and
3429 of 2024
========================
Dated this the 23rd day of May, 2024
JUDGMENT
All these writ petitions are filed seeking disposal of the
applications they filed for renovation, extension of existing
churches, and a new construction in W.P.(C) No. 3429 of 2024. As
per Ext.P1 guidelines dated 25.07.2005, the applications were
forwarded to the District Administration for passing orders on the
same. By Ext.P2, as per G.O.(P) No.19/2021/Home, dated
14.02.2021, revised guidelines were introduced as regards the
construction of religious places, as per which the applications are
to be considered by the Local Self Government Authorities
themselves. The revised guidelines were challenged in W.P.(C)
No. 11776 of 2021, in which an interim order was passed on
07.07.2021. However, the writ petition was later dismissed by
judgment dated 20.05.2024 upholding Ext.P2. Accordingly, the
Local Self Government Authorities must consider the applications
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
for renovation, extension, and new construction of the religious
place.
In view of the above, there will be a direction to the 3rd
respondent in W.P.(C) No. 42319 of 2023, the 2nd respondent in
W.P.(C) No. 43161 of 2023, and the 4th respondent in W.P.(C)
No. 3429 of 2024 to consider the applications submitted by the
petitioners for renovation, extension and new construction
respectively, and pass orders in accordance with law, and strictly
in terms of Ext.P2 notification issued in terms of Rule 5 of the
Kerala Panchayat Building Rules, 2019, and also in view of the
judgment of this Court in W.P.(C) No. 11776 of 2021 dated
20.05.2024. The above exercise shall be completed within a
period of six weeks from the date of receipt of a copy of the
judgment.
Sd/-
MOHAMMED NIAS C.P
LU JUDGE
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
APPENDIX OF WP(C) 3429/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE GO(P) NO.217/05/HOME DATED
25.07.2005.
EXHIBIT P2 A COPY OF THE GO(P) NO.19/2021/HOME
DATED 14.02.2021.
EXHIBIT P3 A COPY OF THE INTERIM ORDER DATED
07.07.2021 IN WPC NO.11776/2021.
EXHIBIT P4 A COPY OF THE LETTER DATED 04.05.2021
FROM DISTRICT COLLECTOR, THRISSUR TO THE
4TH RESPONDENT SECRETARY.
EXHIBIT P5 A COPY OF THE LETTER OLR/BA/18/17-18
DATED 08.12.2023.
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
APPENDIX OF WP(C) 43161/2023
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE VICAR, ALONG WITH ACKNOWLEDGMENT
RECEIPT DATED 03.09.2022
EXHIBIT P2 TRUE COPY OF THE LETTER BY THE DISTRICT
POLICE CHIEF TO THE 1ST RESPONDENT DATED
27.03.2023, ALONG WITH THE ENQUIRY
REPORT
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 17.06.2023
FROM THE TAHASILDAR, MUKUNDAPURAM TO THE
1ST RESPONDENT ALONG WITH THE ANNEXURES
EXHIBIT P4 TRUE COPY OF G.O (P) NO. 217/05/HOME
DATED 25.07.2005
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.02.2021
BEARING G.O(P) NO.19/2021/HOME
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 07.07.2021
IN W.P(C) NO. 11776/2021 PASSED BY THIS
HON'BLE COURT
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 05.12.2023
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 05.10.2023
RESPONDENT EXHIBITS :
EXHIBIT R2(A) A TRUE COPY OF THE LETTER DATED 05-12-
WP(C) NO.42319,43161 of 2023 and
3429 of 2024
APPENDIX OF WP(C) 42319/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE GO(P) NO.217/05/HOME DATED
25.07.2005
EXHIBIT P2 A COPY OF THE GO(P) NO.19/2021/HOME
DATED 14.02.2021
EXHIBIT P3 A COPY OF THE INTERIM ORDER DATED
07.07.2021 IN WPC NO.11776/2021
EXHIBIT P4 A COPY OF THE DECISION NO.7(1) DATED
24.03.2023 OF MANALUR GRAMA PANCHAYAT
EXHIBIT P5 A COPY OF THE LETTER NO.400711/BPAS01/
GPO/2023/751/(4) DATED 16.03.2023
EXHIBIT P6 A COPY OF THE REPRESENTATION DATED
14.11.2023 FILED BY THE PETITIONER
BEFORE THE MANALUR GRAMA PANCHAYAT
EXHIBIT P7 A COPY OF REPLY DATED 21.11.2023 BY THE
SECRETARY TO THE PETITIONER
// True Copy // PA To Judge
