Kerala High Court
St.George Orthodox Syrian Cathedral vs State Of Kerala on 25 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.33391/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33391 OF 2024
PETITIONERS:
1 ST.GEORGE ORTHODOX SYRIAN CATHEDRAL
CATHEDRAL JUNCTION M.G.ROAD, THIRUVANANTHAPURAM,
PIN,REPRESENTED BY TRUSTEE, (KAIKARAN), GEORGE
THOMAS, PIN - 695034
2 GEORGE THOMAS
AGED 72 YEARS
S/O LATE EASO THOMAS, ASIRVAD, E4, EAST STREET,
ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695010
3 JACOB GEORGE.K
AGED 58 YEARS
S/O LATE K.C.GEORGE, CITADEL, MRA-65, MANNADY
LANE, AMBALAMUKKU, PEROORKKADA P.O.
THIRUVANANTHAPURAM, PIN - 695005
BY ADVS. VARGHESE C.KURIAKOSE
P.J.JOSE
AMRITHA.J
KURUVILLA MATHEW
VIPIN C. VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, TRIVANDRUM, PIN - 695001
2 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM DISTRICT, CIVIL STATION,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043
W.P.(C).No.33391/2024
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3 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043
4 TAHSILDAR (LAND RECORDS NO.6)
THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM
DISTRICT CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695023
5 THE VILLAGE OFFICER
VANCHIYOOR VILLAGE, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
6 M/S HIS BEATITUDE BASELIOUS MARTHOMA MATHEWS-III
CATHOLICOSE AND MALANKARA METROPOLITAN, MALANKARA
ORTHODOX SYRIAN CHURCH, DEVALOKAM P.O. KOTTAYAM,
PIN - 686004
7 REV. FR. JOSEPH SAMUEL
KARUKAYIL COREPISCOPA, VICAR, ST.GEORGE ORTHODOX
SYRIAN CATHEDRAL, CATHEDRAL JUNCTION M.G.ROAD,
THIRUVANANTHAPURAM,, PIN - 695034
BY ADVS.ROSHEN D. ALEXANDER
S.SREEKUMAR (SR.)(S-571) FOR R6 AND R7
TINA ALEX THOMAS(K/000532/2004)
HARIMOHAN(K/000327/2018)
Smt. Vidya Kuriakose, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.33391/2024
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JUDGMENT
I have heard the learned counsel for the petitioners Sri.
Varghese C. Kuriakose, the learned Government Pleader Smt.
Vidya Kuriakose and the learned Senior Counsel Sri. S.
Sreekumar appearing for respondents 6 and 7.
2. The 1st petitioner claims to be the owner in
possession of the property having an extent of 23.44 Ares
comprised in Sy.No.1946 (Re-Sy No.18) in Block No.107. The
respondents 6 and 7 dispute the title of the 1 st petitioner and set
up a rival title. It appears that the property has been mutated in
the name of the 6th respondent as per Ext.P8 order. The
petitioners preferred Ext.P10 appeal challenging Ext.P8 order
before the 3rd respondent. The limited prayer in this writ petition
is to give a direction to the 3rd respondent to dispose of Ext.P10
appeal within a time frame.
3. The learned Senior Counsel appearing for the
party respondents submits that the writ petition is filed
suppressing the fact of pendency of a civil suit.
Having heard the learned counsel for the petitioners, the
learned Government Pleader and the learned Senior Counsel for
the party respondents, this writ petition is disposed of with a
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direction to the 3 rd
respondent to dispose of Ext.P10 appeal, in
accordance with law, after hearing the petitioners and the party
respondents and also taking into account the pendency of the
civil suit, within a period of two months from the date of receipt
of a copy of this judgment.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(C) 33391/2024
PETITIONER EXHIBITS
Exhibit P1 P1:- PHOTOSTAT COPY OF THE TAX PAID RECEIPT
IN RELATION TO THE PROPERTY DATED
09.04.2018 ALONG WITH TYPED COPY
Exhibit P2 PHOTOSTAT COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
DATED 12.06.2023
Exhibit P3 PHOTOSTAT COPY OF THE APPLICATION SUBMITTED
BY THE THEN VICAR ON 19.06.2023 IN THE
LETTER HEAD OF THE IST PETITIONER CHURCH
Exhibit P4 PHOTOSTAT COPY OF THE COMPLAINT GIVEN BY
THE PETITIONERS TO THE DISTRICT COLLECTOR,
2ND RESPONDENT DATED
Exhibit P5 PHOTOSTAT COPY OF THE REPORT SUBMITTED TO
THE TALUK AUTHORITIES DATED 20.07.2023
Exhibit P6 PHOTOSTAT COPY OF THE REPORT GIVEN BY THE
5TH RESPONDENT DATED 10.07.2023
Exhibit P7 PHOTOSTAT COPY OF THE REQUEST SUBMITTED BY
THE 6TH RESPONDENT DATED 28.06.2023
Exhibit P8 PHOTOSTAT COPY OF THE ORDER DATED
29.07.2023 PASSED BY THE 4TH RESPONDENT
Exhibit P9 PHOTOSTAT COPY OF THE TAX PAID RECEIPT
DATED 01.04.2024 ISSUED BY THE 5TH
RESPONDENT
Exhibit P10 PHOTOSTAT COPY OF THE APPEAL SUBMITTED BY
THE PETITIONERS TO THE 3RD RESPONDENT ON
11.09.2024
Exhibit P11 PHOTOSTAT COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT
Exhibit P12 PHOTOSTAT COPY OF THE COMMUNICATION ISSUED
BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT
DATED 09.09.2024
