IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 32511 of 2007(U) -------------------------- PETITIONERS: ---------------- 1. REV.FR.SEBASTIAN MUNDUMOOZHIKARA, VICAR, ST.MARY'S FORANE CHURCH, BHARANANGANAM, MEENECHIL TALUK. 2. P.K.KURUVILA, S/O.KURUVILA, AGED 52 YEARS, TRUSTEE, ST.MARY'S FORANE CHURCH, BHARANANGANAM RESIDING AT PALAMATTATHIL HOUSE, THALAPPALA VILLAGE, MELANBARA P.O., MEENACHIL TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) SRI.AJEE JOSEPH RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. REVENUE DIVISIONAL OFFICE, PALA. 3. THE TRAFFIC ADVISORY COMMITTEE, REPRESENTED BY ITS CHAIRMAN THE R.D.O. PALA. 4. BHARANANGANAM PANCHAYATH BHARANANGANAM P.O., MEENACHIL TALUK REPRESENTED BY ITS SECRETARY. (*ADDL. RESPONDENTS) 5. SANTHI NAGAR RESIDENTS ASSOCIATION, BHARANANGANAM, PALA-686 578, REG. NO.K 02/2007 DT.5.9.2007 REPRESENTED BY ITS PRESIDENT A.D.GOPALAKRISHNAN. (IMPLEADED AS ADIIL. RESPONDENT AS PER ORDER DTD.15/02/2008 IN I.A.2221/08.) WP(C).No. 32511 of 2007(U) :2: 6. TOMY THURUTHIKKARA, S/o. JOSEPH, PRESIDENT, PARENTS TEACHERS ASSOCIATION, ST.MARY'S H.S.S., BHARANANGANAM, RESIDING AT CHUNDACHERY P.O. BHARANANGANAM VILLAGE, MEENACHIL TALUK. 7. GEORGE STEPHEN, S/o. STEPHAN, AGED 45 YEARS PRESIDENT, PARENTS TEACHERS ASSOCIATION, ST. MARY'S H.S.S., BHARANANGANAM, REISIDING AT PLATHOTTATHIL HOUSE, KONDOOR VILLAGE, ARUVITHARA P.O., MEENACHIL TALUK. 8. SRI. MATHUKUTTY MATHEW, S/o. MATHEW, PRESIDENT, PARENTS TEACHERS ASSOCIATION, ST. LITTLE THERASAS L.P.S. BHARANANGANAM, RESIDING AT PARUTHU VEETTIL HOUSE, BHARANANGANAM P.O., BHARANANGANAM VILLAGE. (* IMPLEADED AS ADDL. RESPONDENTS 6 TO 8 AS PER ORDER DTD.27/2/2008 IN I.A.2812/2008) 9. FR. FRANCIS VADAKKEL, S/o. LUKA, THE VICE POSTULATOR, THE CAUSE OF BL.ALPHONSA ALPHONSA BHAVAN AND PILGRIM CENTRE, BHARANANGANAM, MEENACHIL TALUK. 10. SMT.PHILOMINA AUGUSTINE, D/o. AUSUSTINE, THE PRINCIPAL, ST.MARY'S HIGHER SECONDARY SCHOOL, BHARANANGANAM, MEENACHIL TALUK. 11. SRI.M.V.GEROGEKUTTY, S/o. VARKEY, TEACHER IN CHARGE OF HEAD MASTER, ST.MARY'S HIGHER SECONDARY SCHOOL BHARANANGANAM MEENACHIL TALUK. 12. SMT.OMANA JOSE, D/o. JOSEPH, HEADMISTRESS, SACRED HEART GIRLS HIGH SCHOOL, BHARANANGANAM, MEENACHIL TALUK. 13. SR. MARYKUTTY ALEXANDAR, HEADMISTRESS, ST.LITTLE TERESAS L.P.S BHARANANGANAM, MEENACHIL TALUK. (* IMPLEADED AS ADDL.RESPONDENTS AS PER ORDER DTD.10/3/08 IN I.A.2900/08) R4 BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.K.G.ANIL BABU SRI.CYRIAC KURIAN SRI.SAJU JOHN SRI.JACOB THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE,J ========================= W.P.(C).No.32511 of 2007 ========================== Dated this the 26th day of March, 2008 JUDGMENT Even though detailed counter affidavit have been filed by the respondents in this case, I am of the view that, in view of the obvious position that the Traffic Advisory Committee took Ext.P1 decision without hearing the petitioner church, the committee should reconsider the matter. The petitioner church has submitted Ext.P4 representation before the District Collector. I dispose of the writ petition directing the first respondent to make over Ext.P4 to the second respondent who will place it before the Traffic Advisory Committee immediately. The second respondent on receiving Ext.P4 will immediately convene a meeting of the Traffic Advisory Committee and issue hearing notice to the petitioners and also to all the respondents including additional respondents in this case. Fresh decision on the issue covered by Ext.P1 will be taken, taking into account various aspects highlighted by the petitioners in Exts.P3 and P4 and in the light of the grounds which are raised herein. Fresh decision as directed above shall be taken by the concerned at the earliest W.P.(C).No.32511/2007 2 and at any rate, within one month from the date of receipt of a copy of this judgment and copy of this writ petition. Considering the above directions the interim order dated 1.11.2007, issued by this Court, will continue till a decision is taken as directed above. PIUS C.KURIAKOSE,JUDGE dvs