Mathew Pereira @ Prem Mathew vs Director General (Asi)
2024 Latest Caselaw 14418 Ker

Kerala High Court

Mathew Pereira @ Prem Mathew vs Director General (Asi) on 31 May, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 18713 OF 2015
PETITIONER/S:

            MATHEW PEREIRA @ PREM MATHEW
            AGED 64 YEARS
            S/O LATE J. PEREIRA BETHEL, CONVENT ROAD, TRIVANDRUM-1.

            BY ADVS.
            SRI.M.L.SAJEEVAN
            SRI.M.N.SANJITH

RESPONDENT/S:

    1       DIRECTOR GENERAL (ASI)
            ARCHAEOLOGICAL SURVEY OF INDIA, JANAPATH, NEW DELHI-110 011.

    2       REGIONAL DIRECTOR SOUTH ASI
            ARCHAEOLOGICAL SURVEY OF INDIA, KSIMC BUILDING, INDUSTRIAL
            ESTATE, RAJAJI NAGAR, BENGALURU-560010.

    3       SUPERINTENDING ARCHEOLOGIST ASI
            OFFICE OF THE SUPERINTENDING ARCHEOLOGIST, ARCHAEOLOGICAL
            SURVEY OF INDIA, THRISSUR CIRCLE, PURATATVA BHAWAN, K.S.H.B
            FLATS, PULLAZHI P.O., THRISSUR, KERALA-680012.

    4       REV. SOOSA PAKAIM M.
            ARCHBISHOP, ARCHBISHOP HOUSE, VELLAYAMBALAM,
            THIRUVANANTHAURAM-695003.

    5       REV. STANLEY ROMAN
            BISHOP, BISHOPS HOUSE, THANGESERI, KOLLAM-691007.

    6       PARISH PRIEST VICAR
            ST. JOSEPH'S METROPOLITAN CATHEDRA, PALAYAM,
            THIRUVANANTHAURAM-695033.

            BY ADVS.
            SMT.KEERTHI SOLOMON, CGC

OTHER PRESENT:

            SRI. T C KRISHNA (SR. PANEL COUNSEL)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.18713/2015                  -2-


                              JUDGMENT

This writ petition was filed with a grievance that a very old church

which qualifies for protection as a protected monument / protected antiquity

is going to be demolished.

Since a new building has already been put up, the learned counsel for

the petitioner submits that the writ petition may be closed leaving open all

contentions taken by the petitioner.

Writ petition is closed leaving open all contentions taken by the

petitioner.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 18713/2015

PETITIONER EXHIBITS

EXHIBIT P1: TRUE TYPED COPY OF DECREE OF BISHOP OF QUILON DATED 21.6.1903.

EXHIBNIT P2: TRUE PHOTOGRAPHS OF MARBLE PLAQUE FIXED IN ST. PETER'S CHURCH, PATTOOR AND THE CHURCH (2 NOS.)

EXHIBIT P3: TRUE PRINTOUT OF E-MAIL SENT BY THE PETITIONER DATED 21.12.2014.

EXHIBIT P4: TRUE PHOTO COPY OF THE REPORT OF RESPONDENT NO.3 DATED 28.1.2015.

EXHIBIT P5: TRUE PHOTOGRAPHS OF TOMBSTONES IN THE CEMETERY OF ST. PETER'S CHURCH, PATTOOR-(2 NOS.)