Kerala High Court
St. Antony’S Church,Represented By ... vs /O Varghese, Versus The State Of Kerala on 11 August, 2025
W.P.(C) Nos.16360, 17161
and 19367 of 2025 1
MONDAY, THE 1178 pAY OF AUGUST 2025 / 20TH SRAVANA, 1947
PETITIONER:
2025: KER:59927
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR,.JUSTICE VIJU ABRAHAM
WP(C) NO. 16360 OF 2025
FREEDA SIMON, AGED 50 YEARS
PRESIDENT KARAKULAM GRAMA PANCHAYAT,
KARARKULAM. P.O, THIRUVANANTHAPURAM ,
PIN - 695564
BY ADVS.
SMT .K.P.SANTEI
SHRI.AKHIL AUGUSTINE
RESPONDENTS :
1
ADDL.RS
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695001
THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
"HE DEPUTY SUPERINTENDENT OF POLICE,
NEYYTTINKARA, THIRUVANANTHAPURAM,
PIN - 695121
THE STATION HOUSE OFFICER,
KANJIRAMKULAM POLICE STATION , KANJIRAMKULAM,
NEYYATIINKARA, THIRUVANANTHAPURAM,
PIN - 695524
ST. ANTONY'S CHURCH
KOCHUTHURA REPRESENTED BY FR. JOSE V.,
AGED 37 YEARS, S/O VARGHESE RAJU HOUSE,
ADIMALATHURA, CHOWARA.P.O, KOTTUKAL,
W.P.(C) Nos. 16360, 17161
and 19367 of 2025 2
2025: KER: 59927
PALLICHAL, THIRUVANANTHAPURAM
ADDL. R5 IMPLEADED AS PER ORDER DATED 03.06.2025 INIA
1/2025 IN WPC 16360/2025])
BY ADVS.
SRI .M.R.SARIN
SMT.PARVATHI KRISHNA
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2025, ALONG WITH WP(C).17161/2025 AND 19367/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 16360, 17161
and 19367 of 2025 3
2025: KER:59927
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 1177 pay OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 17161 OF 2025
PETITIONER:
FREEDA SIMON, AGED 50 YEARS
PRESIDENT KARAKULAM GRAMA PANCHAYAT,
KARARKULAM.P.O, THIRUVANANTHAPURAM,
PIN - 695564
BY ADVS.
SMT.K.P.SANTHT
SHRI.AKHIL AUGUSTINE
RESPONDENES :
1
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM,
PIN - 695001
THE DISTRICT COLLECTOR
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN ~- 695043
THE DEPUTY COLLECTOR (GENERAL)
& ADDITIONAL DISTRICT MAGISTRATE CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
THE DEPUTY SUPERINTENDENT OF POLICE
NEYYTTINKARA, THIRUVANANTHAPURAM,
PIN ~ 695121
THE STATION HOUSE OFFICER
KANJIRAMKULAM POLICE STATION, KANJIRAMKULAM,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
W.P.(C) Nos.16360, 17161
and 19367 of 2025 4
2025:KER: 59927
6 ST. ANTONY'S CHURCH
REPRESENTED BY IT'S PARISH PRIEST
REV. FATHER JOSE.V S/O VARGHESE,
AGED 42 YEARS, KOCHUTEURA,
RESIDING AT CHURCH MEDA, KOCERUTHURA,
PUTHIYATHURA P.O., PIN 695526
IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED 16.07.2025 IN
IA NO.4/2025 IN WPR(C) .17161/2025
BY ADV SRI.R.B.BALACHANDRAN
GP SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.08.2025, ALONG WITH WP(C).16360/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.16360, 17161
and 19367 of 2025 5
2025:KER: 59927
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 117" pay oF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 19367 OF 2025
PETITIONER:
ST. ANTONY'S CHURCH,
REPRESENTED BY ITS PARISH PRIEST
REV. FATHER JOSE.V S/O VARGHESE,
AGED 42 YEARS
KOCHUTEHURA, RESIDING AT CHURCH MEDA,
KOCHUTHURA, PUTHIYATHURA P.O,, PIN - 695526
BY ADV SRI.R.B.BALACHANDRAN
RESPONDENTS :
1
THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVT SECRETARIATE, THEIRUVANANTHAPURAM, ,
PIN - 695001
THE DISTRICT COLLECTOR
COLLECTORATE, THIRUVANANTHAPURAM,, PIN ~ 695043
THE SECRETARY, KARUMKULAM GRAMA PANCHAYATH
PUTHIYATHURA P.O, THIRUVANANTHAPURAM,, PIN - 695526
THE DEPUTY COLLECTOR
(GENERAL) & ADDITIONAL DISTRICT MAGISTRATE,
THIRUVANANTHAPURAM,, PIN - 695043
THE DIRECTORATE OF GROUND WATER DEPARTMENT
JALA VIJNANA BHAVAN, AMBALAMUKKU, KOWDIAR,
THLIRUVANANTHAPURAM,, PIN - 695003
THE DIRECTOR
DIRECTOR OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.
THIRUVANANTHAPURAM,, PIN - 695004
W.P.(C) Nos.16360, 17161
and 19367 of 2025 6
2025: KER:59927
7 THE CHAIRMAN
KERALA STATE ENVIRONMENT IMPACT ASSESSMENT,
4TH FLOOR, KSRITC BUS TERMINAL
THIRUVANANTHAPURAM, PIN - 695561
8 THE DIRECTOR
IRRIGATION DEPARTMENT, PUBLIC OFFICE COMPLEX,
THIRUVANANATHAPURAM,., PIN --- 695033
9 THE ASSISTANT EXECUTIVE ENGINEER
KARIMKULAM GRAMA PANCVHAYATH, PUTHIYATHURA P.O,
THIRUVANANTHAPURAM,., PIN - 695526
0 THE PWD EXECUTIVE ENGINEER
PWD BUILDING DIVISION, VIKAS BHAVAN,
THIRUVANANTHAPURAM,, PIN - 695033
BY ADV SRI.MILLU DANDAPANI
GP SRI.RIYAL DEVASSY
ADV.M.P.SREEKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.08.2025, ALONG WITH WP(C).16360/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.{C) Nos.16360, 17161
and 19367 of 2025 7
COPE PEPCE rr
RERERER CRRA RE EPEAT EPP PPP RSP
Dated this the 11" day of August, 2025
JUDGMENT
When the matter came up for consideration, the respective counsel
appearing for the parties submit that the matter has been settled in mediation
and a memorandum of agreement was also entered into. A copy of the
memorandum of agreement is made available by the Mediation Centre for
perusal of this Court.
Taking into consideration the fact that the issues have been settled
between the parties in mediation, these writ petitions are disposed of in terms
of the settlement. The memorandum of agreement will form part of the
judgment.
Sdi-
VIJU ABRAHAM
JUDGE
W.P.(C) Nos.16360, 17161
and 19367 of 2025
2025: KER: 59927
APPENDIX OF WP(C) 16360/2025
PETITIONER EXHIBITS
Exhibit P1
Exhibit P2
Exhibit P3
Exhibit P4
TRUE COPY OF THE LETTER DATED 22~2-2025
OF THE 2ND RESPONDENT
TRUE COPY OF THE ERRATUM LETTER DATED I1-
4-2025 OF THE 2ND RESPONDENT
TRUE COPY OF THE PROCEEDINGS DATED 7-4-
2025 OF THE SUB COLLECTOR,
THIRUVANANTHAPURAM
TRUE COPY OF THE REQUEST DATED 14-4-2025
SUBMITTED TO 3RD RESPONDENT
W.P.(C) Nos. 16360, 17161
and 19367 of 2025 9
2025: KER: 59927
APPENDIX OF WP(C) 17161/2025
PETITIONER EXHIBITS
Exhibit Pl TRUE COPY OF THE LETTER DATED 22-2-2025
OF THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE ERRATUM LETTER DATED 1-
4-2025 OF THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 7-4-
2025 OF THE SUB COLLECTOR,
THIRUVANTHAPURAM
Exhibit P4 TRUE COPY OF THE REQUEST DATED 14-4-2025
SUBMITTED TO THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 16-04-2025
IN W.P (C).NO. 16360 OF 2025
Exhibit P6 TRUE COPY OF THE ORDER DATED 24-04-2025
OF THE 3RD RESPONDENT
Exhibit P7 A COPY OF THE NEWS ITEM THAT APPEARED IN
THE NEWSPAPER
Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS
Exhibit P9 TRUE COPY OF THE AGREEMENT DATED 16-3-
W.P.(C) Nos.16360, 17161
and 19367 of 2025
2025: KER:599277
APPENDIX OF WP(C) 19367/2025
PETITIONER EXHIBITS
Exhibit Pl
Exhibit P2
Exhibit P3
Exhibit P4
Exhibit P5
Exhibit P6
TRUE COPY OF THE CONSENT GIVEN BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT DATED
22.02.2025
TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
EXCESS FILLING OF THE SAND DATED NIL
TRUE COPY OF THE INTERIM ORDER DATED
16.04.2025 IN WRIT PETITION NO.16360/2025
TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
EXCESS FILLING OF THE SAND DATED NIL
TRUE COPY OF THE STOP MEMO ISSUED BY THE
4TH RESPONDENT DATED 24.04.2025
TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE 4TH RESPONDENT
DATED 15.05.2025
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL)
oe 'floor, above igh Cours Busing, Emakislam, Kochi-31. (enscane-256i238) . }
"gh = : EMCrieg No.. a ae vo 7 ; oe ~ pated. a OFeaT :
Froth. ae i ~ oot
oe "The Nodal ofticer, re
~- 7... High Court Mediation Centre. --
-_ -- The Registrar Guaidiel) os
2 High Court of Kerala, Emakulam.
~ Sir, . a, . ;
- Sub : Mesiaion of case' referred by the Hen ole High Court of Kerala - |
por " Referral Or Wee): [A3e4 Loage ch. \b abel ose
dated OS Ti OE of the Honorable High Court of Kerala, ATL
ICC oe in
; r am to forwarii herewith Report of the Mediator in the matter along -
Yours a |
"4
OS So Emakulam Mediation Centre
ae 'Enel. 2, Report of the Mediator, Setdemént
" 2. Copy of the referral ofder dated sip. the High Court of Kerala.
OB copy of of the Petition ~
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
WP(C)Nos. 19367 of 2025 17161 of 2025 & 16360 of 2025
St.Antony's Church, Rep.by its : Petitioner
Parish Priest Rev.Father Jose. V.
Vs.
Karumkulam Grama Panchayat & Others : Respondents
REPORT SUBMITTED BY THE MEDIATOR
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 30th day of July, 2025.
a. a
Adv. K.M-Muhammed Yusuff
Mediator
High Court Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM |
WPIC)Nos. 19367 of 2025 17161 of 2025 & 16360 of 7025
St.Antony's Church, Rep.by its : Petitioner
Parish Priest Rev.Father-Jose.¥V.
Vs.
Karumkulam Grama Panchayat & Others: Respondents
MEMORANDUM OF AGREEMENT UNDER: SECTION 88 OF THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
1. The Petitioner in WP(c) No.19367/2025 voluntary agreed to undertake the work of
filling the water logged area in Re.Sy.No.116/19 of Karumkulam Village and Block
No.18 in 64.20 Ares of coastal puramboke land at the expense of the petitioner in
WP(c) Nos.19367/2025 on behalf of the 3" respondent in WP(c) No.19367/2025 as per
the letter No. DCTVM/6922/2024-H6 dated 22/2/2025 issued by the District Collector,
Thiruvananthapuram addressed to the Secretary, Karumkulam Grama Panchayath
utilizing legally permitted red earth/soil, except the condition of sourcing of soil as
directed by the District Collector in the letter referred to above as. per the time schedule
given below.
The technical committee shall be constituted by the District Collector,
Thiruvananthapuram based on this mediation settlement agreement and the same shall
come.into effect from the date of the judgment.
The committee shall conclude their process within 7 days from the date of the
judgment.
The technical committee shall handover the work schedule to the petitioner and
the parties concerned and direct the petitioner to complete 50% of the works within 45
days from 11/8/2025. The remaining works will be completed by the petitioner on or
before 11/11/2025.
It is further agreed between the parties that if the petitioner fails to comply with
the work schedule of completing 50% of the works within 45 days, the 3™ respondent is
entitled to take over the balance works following the work order issued by the technical
committee.
It is further agreed that the petitioner will confine and comply with the further direction
issued by the District Collector, the above letter, ie, there shall not be any obstruction to
the free flow of water to the existing drainage on the three sides, on the boundaries of
the puramboke land maintaining the natural slope of the land.
2, The Petitioner further agreed that they wil] not construct or put up any fencing or
structures in the above mentioned puramboke land and the right over the land continue
to vest with the Government. The petitioner also agreed that on voluntarily doing the
work on behalf of the 3" respondent, they will not raise any claim over the above said
land. In the event of failure to complete the work as agreed on by the petitioner in clause
No.t above, the 3" respondent is entitled to fill the land in accordance with the letter
No. DCTVM/6922/2024-H6 dated 22/2/2025 of the District Collector,
Thiruvanathapuram mentioned above and the petitioner in WP(c) No.19367/2025
agrees that they shall not cause any obstruction in performing the works by the 3™
respondent. Likewise the 3" respondent agrees that they will not cause any obstruction
to the petitioner in carrying oul the works as stipulated above.
Both parties agreed that the works shall be monitored by the technical committee
comprising of the officials from the Engineering Wing PWD and LSGD of
Thiruvananthapuram. itis also agreed by the petitioner in WP(c) No.19367/2025 that in
the event of recurring water- logging in future after completion of the works the same
shall be rectified by the petitioner at his cost.
The respondents 1 to 4 in WP(c) No.16360 of 2025, the respondents 1 to 5 in
WP(c) No.17161 of 2025 and respondents 1 to 2 & 4 to 5 are only formal parties and not
a signatories to this settlement agreement.
Dated this the 29th day of July, 2025.
aN
Petitioner in WP(c) No.19367 of 2025," oe Addl, Respondent No.5 in ©.
: WP(c) No.16360 of 2025 CS *
St.Antony's Church oQhY yang . : St.Antony's Church,
its Parish Priest Rev.Father Jose V. a Rep.by its Father Jose V.
Petitioncr in WP(c) Nos.17161 of 2025 Addl.Respondent No.6 in WP(c)
& 16360 of 2025 Freeda Simon, Rep.by President, St. Antony's Church, rep.by its
on"
Karakulam Grama Panchayat Parish Priest, Rev.Fr.Jose.V
FREEDA SIMON Addl. Respondent No. 3 in WP({c)
President
Karumkulam Grama Panchayath
Puthiyathura P.O. Pin - 695526
Phone : 9526664020
awe 19367 of 2025, The Secretary,
hi
"Counsel for the Addi. RG .. in WPic) Nos. 17161- Aaa. ve 5026 we eupre >
Fn] 94
