IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 8842 of 2009(S) ------------------------- PETITIONERS: --------------- 1. D.JACOB REGINALD, S/O.LATE.P.DANIEL, PALLIVASAL ESTATE, MUNNAR, IDUKKI DIST. 2. DHANARAJ RAJENDRAN,S/O.P.SELVARAJ, 2ND MILE, PALLIVASAL, CHITHIRAPURAM.P.O., MUNNAR, IDUKKI IDIST. 3. Y.GNANAPRAKASAM, S/O.LATE K.YOHAN, NEW COLONY, MUNNAR. 4. G. RETHINAM THOMAS, JOY VILLA, M.S.A.ROAD, MUNNAR. 5. S.MATHIYALAGAN, S/O.SIVENOO, OTTAPARAI DIVISION, SEVEN MALI ESTATE, MUNNAR. 6. A.STANO, S/O. LATE. ARUMAINAYAGAM, WEST DIVISION, NULLATHANNI ESTATE, MUNNAR. 7. V.T.ABRAHAM DIESEL S/O THANKARAJ, MUNNAR OCOLONY, MUNNAR. 8. D.K.QUINTUS GEORGE, /S/O. DEVAKADASHAM, XVITH WARD, HOUSE NO.1313, NIRMALA COLONY,MUNNAR. 9. ISRAEL, S/O.LATE.PONNAIAH, LOWER DIVISION,PARIAVURRAI ESTATE, MUNNAR, IDUKKI IDIST. BY ADV. SRI.K.REGHU KOTTAPPURAM WP(C).No. 8842 of 2009(S) RESPONDENTS: --------------- 1. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, KUYILIMALA, IDUKKI. 3. THE TAHASILDAR, DEVIKULAM TALUK, IDUKKI DIST. 4. THE VICAR/ATTORNEY, C.S.I.CHURCH, MUNNAR. 5. THE MUNNAR GRAMA PANCHAYATH, REP. BY THE SECRETARY, MUNNAR, IDUKKI DIST. 6. V.K.SADANANDAN, MANAGING PARTNER, REP. S.N. GROUP OF CONCERNS, MUNNAR,IDUKKI DIST. 7. DR. K.P.KURUVILLA,BISHOP, C.S.I.NORTH KERALA DIOCESE,DIOCESAN OFFICE, HSHORNUR, KERALA STATE. ADV. SRI.JOSEPH KODIANTHARA FOR R7 SRI.MATHEWS K.UTHUPPACHAN FOR R7 SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R5 SMT.MOLLY JACOB, SC, MUNNAR G.PANCHAYAT FOR R5 SRI.P.RAMAKRISHNAN FOR R6 GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8842 of 2009(S) APPENDIX PETITIONERS' EXHIBITS: EXT.P1. TRUE COPY OF JUDGMENT DATED 26-9-08 IN W.P(C)28631/08 EXT.P2. TRUE COPY OF DEED NO.34/1079 M.E. EXT.P3. TRUE COPY OF DEED NO.214 OF 1960 EXT.P4. TRUE COPY OF WRITTEN STATEMENT DATED 15-12-03 IN O.S.209/2003 EXT.P5. PHOTO PRINT. EXT.P6. TRUE COPY OF ANNEXURE 1 TO LAND BOARD AWARD VIDE NO.LB (A)2-5227/71 DATED 29-3-1974. EXT.P7. TRUE COPY OF REPRESENTATION DATED 21-11-08. EXT.P8. TRUE COPY OF INTERIM ORDER DATED 18-12-2008 IN W.P(C)35582/08 EXT.P9. TRUE COPY OF JUDGMENT DATED 21-1-09 IN W.P(C)35582/08 EXT.P10. TRUE COPY OF LETTER NO.BP/727/08 DATED 19-7-08. EXT.P11 SERIES: TRUE COPIES OF LETTERS DATED 2-2-09 AND 24-2-09. EXT.P12. TRUE COPY OF JUDGMENT DATED 23-9-08 IN W.P(C)28219/08. EXT.P13. TRUE COPY OF ORDER DATED 9-12-08 IN W.P(CC)35582/08. RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF WRIT PETITION NO.35582/2008 BEFORE THE KERALA HIGH COURT WITHOUT EXHIBITS. EXT.R7(b): TRUE COPY OF BUILDING PERMIT DATED 22-11-2001 EXT.R7(c): TRUE COPY OF DOCUMENT NO.377/1913 PERTAINING TO 4.5 ACRES. / TRUE COPY / P.S.TO JUDGE S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.8842 of 2009 -------------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed mainly with the following prayers:- (i) Issue a writ of mandamus commanding the 1st and 2nd respondents to ensure that the extent of land covered by Exts.P2 & P3 conveyance deeds and P6 Land Board Award, granted to C.S.I. Church, Munnar District is utilised only for establishment of church, burial yard and other constructions which have direct connection with worship by the members in the church and their welfare activities including prayers and gatherings and that the said extent of land is not to be utilised for any other purpose; (ii) Issue appropriate writ commanding 1st respondent to prevent the construction, establishment and running of resort or hotel in the building existing in the land covered by Exts.P2 & P3 conveyance deeds and W.P(C)No.8842 of 2009 -:2:- Ext.P6 Annexure to Land Board Award by 6th respondent or his men and others. A statement has been filed on behalf of the second respondent. Para 2 of the statement dated 6th April, 2009 reads as follows:- “2. On enquiry, it is revealed that the land in question forms part of the concession area and comes under the category of exempted land under Section 3 (2) b, c of the KDH Act, 1971. In order to ascertain the nature of title and right of the parties over the land it was decided to have a hearing of the parties concerned and the parties have been directed to appear before the District Collector on 27-4-2009 along with relevant records. In the hearing, parties will be afforded opportunity to substantiate their respective contentions and after a detailed enquiry the District Collector will take a decision in the matter. Earlier the Tahsildar, Devikulam vide his letter D3-14506/2008 dated 30-10-2008 reported to the Government that the land is given on lease. Veracity of the said report will also be considered in the enquiry and W.P(C)No.8842 of 2009 -:3:- orders will be passed accordingly”. In the above circumstances we dispose of the writ petition directing the District Collector to take appropriate action thereon in accordance with law with notice to all the affected parties expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this judgment. The interim order passed by this court dated 25-3-2009 will continue till such time. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.8842 of 2009 ---------------------------- JUDGMENT 6th April, 2009