IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 25705 of 2008(S) -------------------------- PETITIONERS: --------------- 1. Y.GANAPRAKASHAM, AGED 57, S/O YOVAN, 9TH WARD, HOUSE NO.466, NEW COLONY, MUNNAR. 2. D.K. QUINKS GEORGE, AGED 70,S/O DEVAKADASHAM, 16TH WARD, HOUSE NO.1313, NIRMALA, COLONY MUNNAR. BY ADV. SRI.VIJU ABRAHAM SRI.RANGE KODUVATH SRI.JOY C. PAUL RESPONDENTS: --------------- 1. DEPUTY DIRECTOR OF PANCHAYATH, THODUPUZHA. 2. MUNNAR GRAMA PANCHAYATH, MUNNAR P.O., IDUKKI DISTRICT REP. BY ITS SECRETARY. 3. THE VICAR/ATTORNEY, C.S.I. CHURCH , MUNNAR. *4. D.JACOB REGINALD, S/O. LATE P.DANIEL, PALLIVASAL ESTATE MUNNAR PO., IDUKKI DISTRICT. **5. THE COMMISSIONER AND SECRETARY TO GOVT. REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. (CNTD...2) WP(C).No. 25705 of 2008(S) -2- * ADDL.R4 IS IMPLEADED AS PER ORDER DATED 7.10.2008 IN ` I.A.NO.12568/08 AND ** ADDL.R5 IS IMPLEADED AS PER ORDER DATED 24.10.2008 IN I.A. NO.12933/2008. ADV. SRI.JOSEPH KODIANTHARA FOR R3 SRI.MATHEWS K.UTHUPPACHAN FOR R3 SRI.K.REGHU KOTTAPPURAM FOR ADDL.R4 SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY FOR R2 SR. GOVERNMENT PLEADER SRI.M.P.SREEKRISHNA GOVERNMENT PLEADER SMT.K.MEERA FOR ADDL.R5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, ALONG WITH W.P.(c).NO.35582/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25705 of 2008(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE DATED 6.7.2008. EXT.P1(a): TRANSLATION OF NOTICE DATED 6.7.2008. EXT.P2: NOTICE DATED 10.7.2008. EXT.P2(a): TRANSLATION OF NOTICE DATED 10.7.2008. EXT.P3: ORDER DATED 23.7.2008. EXT.P3(a): TRANSLATION OF ORDER DATED 23.7.2008. RESPONDENT'S EXHIBITS: EXT.R4(1): BUILDING PERMIT NO.90/01-02 DATED 22.11.2001. EXT.R4(2): SERIES OF CASH RECEIPTS. EXT.R4(3): NEW ITEM DATED 8.7.2008 APPEARED IN MANGALAM DAILY. EXT.R4(4): MASS PETITION DATED 15.8.2008. EXT.R4(5): ANNEXURE 1 TO LAND BOARD AWARD NO.LB(A)2-5227/71 DATED 29.3.1974. EXT.R4(6): PHOTO PRINTS SHOWING THE BUILDING. EXT.R4(7): WRITTEN STATEMENT IN O.S.NO.209/2003 DATED 15.12.2003. EXT.R3(a): BUILDING PERMIT DATED 22.11.2001 ISSUED BY THE MUNNAR PANCHAYATH TO R3. EXT.R3(b): REPLY DATED 19.7.2008 TO EXT.P3 ISSUED BY R3. EXT.R3(c): CERTIFICATE DATED 8.2.2002 ISSUED BY THE VILLAGE OFFICER TO R3. EXT.R3(d): NOTICE DATED 10.2.2004 ISSUED BY THE MUNNAR GRAMA PANCHAYATH. EXT.R3(e): REPORT DATED 27.12.2006 SUBMITTED BY the ADVOCATE COMMISSIONER BEFORE THE MUNSIFF COURT, DEVICULAM. EXT.R2(a): REPLY TO EXT.P1 NOTICE SUBMITTED BY R3 DATED 26.7.2007. EXT.R2(b): LETTER SUBMITTED BY R3 DATED 19.7.2008. (CNTD...2) WP(C).No. 25705 of 2008(S) -2- EXT.R2(c): OBJECTION FILED BY SREE NARAYANA TOURIST HOME DATED 22.7.2008. EXT.R2(d): LETTER REQUESTING PERMISSION TO DO SOME ALTERATION WORK DATED 25.7.2008. EXT.R2(e): REQUEST BY THE BISHOP DATED 30.8.2008. EXT.R2(f): LETTER SUBMITTED BY R3 ADDRESSED TO THE BHISHOP DATED 30.8.2008. ..... // TRUE COPY // P.A. TO JUDGE. J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.P.(C).Nos.25705 & 35582 of 2008 =============================== Dated this the 21st day of January, 2009. J U D G M E N T Koshy, Ag.CJ. These writ petitions are filed as public interest litigations contending that land allotted to the church is being misused and action should be taken. Learned Government Pleader submitted that Government is considering mass representations filed and it will take appropriate action. In the above circumstances, no further orders are necessary in these writ petitions. These writ petitions are disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-