IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 14893 of 2007(W) -------------------------- PETITIONER: --------------- RT.REV. DR. J.W. GLADASTONE, BISHOP, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA, BISHOP'S OFFICE, L.M.S.COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL SRI.SAJAN PRASAD. RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. 4. P. RAJ MOHAN, MATHIRMANDIRAM, HINDU AIKYAVEDI, THIRUVANANTHAPURAM. 5. S.K.JAYAKUMAR, SECRETARY, HINDU AIKYAVEDI, DISTRICT COMMITTEE, NEYYATTINKARA P.O. ADV. SRI.N.NAGARESH FOR R4 & 5 SRI.BINU PAUL FOR R4 & 5 SMT. M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 14893/2007 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF LIST OF 25 FAMILIES ATTENDING THE PRAYERS. EXT.P2: TRUE COPY OF SALE DEED NO. 1480/06 DATED 09.05.2006. EXT.P3: TRUE COPY OF GOVT. ORDER NO. G.O(P) 217/05/HOME DATED 25.07.2005. EXT.P4: TRUE COPY OF REPRESENTATION DATED 20.06.2006. EXT.P5: TRUE COPY OF ORDER DATED 26.06.2006 OF THE 2ND RESPONDENT. EXT.P6: TRUE COPYOF REPRESENTATION DATED 14.09.2006 OF PASTORAL BOARD OF DIOCESE TO THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE F.I.R. DATED 17.07.2008 IN CRIME NO. 388 OF 2008 OF NEYYATTINKARA P.S. EXT.P8(a): TRUE COPY OF THE PHOTOGRAPHS OF CHURCH. EXT.P8(b): TRUE COPY OF PHOTOGRAPHS OF CHURCH. RESPONDENTS' EXHIBITS:- EXT.R4(a):- TRUE PHOTOGRAPH OF THE AZHAKARATHALA DURGA DEVI TEMPLE. EXT.R1(a): TRUE COPY OF THE PETITION FILED BY THE RESIDENT. EXT.R1(b): TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE CI OF POLICE, NEYYATTINKARA. /True Copy/ P.A to Judge. V. GIRI, J. ========================== W.P.(C) No. 14893 of 2007 ========================== Dated this the 20th day of October, 2008. JUDGMENT The petitioner has approached this Court challenging Ext.P5 order passed by the District Collector cum District Magistrate staying the functioning of the unauthorised prayer hall in Survey No. 34/4-1 of the Athiyannoor village in Neyyattinkara Taluk. Ext.P6 representation has been filed by the petitioner inter alia seeking permission. At the same time, the petitioner has approached this Court challenging Ext.P4. A detailed counter affidavit has been filed by the 1st respondent as also by respondents 4 and 5. Though several contentions have been raised challenging Ext.P5, the learned counsel for the petitioner submits that the only direction which is required at this stage is to direct the District Collector to consider Ext.P6. 2. I have heard the learned Government Pleader as also the learned counsel for respondents 4 and 5 in this regard. 3. In the circumstances, this writ petition is disposed of directing the 2nd respondent to consider Ext.P6 and take W.P.(C) No. 14893/2007 : 2: appropriate decision, after hearing the petitioner, respondents 4 and 5 and any other affected person, within two months of date of receipt of a copy of this judgment. The contentions of the parties are left open. V. GIRI, JUDGE. rv W.P.(C) No. 14893/2007 : 3: