Church Of South India Trust ... vs The Greater Hyderabad Municipal ...
2022 Latest Caselaw 1039 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



              WRIT APPEAL No.151 of 2022

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 09.04.2015 passed by the learned Single Judge in

W.P.No.8808 of 2015.

     The facts of the case reveal that a writ petition was

preferred by the appellants/writ petitioners being aggrieved

by the permission dated 30.12.2014 granted by the Greater

Hyderabad Municipal Corporation (GHMC) in respect of

construction of the St.Thomas (SPG) - Tamil Cathedral

Church.    The learned Single Judge, after hearing the

learned counsel for the parties, has arrived at a conclusion

that it is purely a civil dispute between the parties and a

liberty was granted to the appellants/writ petitioners to

approach the competent civil Court in respect of their right,

title and interest in the subject property.

     Learned counsel for the respondent No.3, at this

stage, has informed this Court that pursuant to the grant

of building permission, construction of church is already

over and the writ appeal deserves to be dismissed.

In the considered opinion of this Court, in the case of

a dispute regarding right, title and interest in respect of the

subject property, the parties are certainly having a remedy

to prefer a civil suit and no case is made out to interfere

with the order passed by the learned Single Judge.

The writ appeal is accordingly dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

04.03.2022 vs