IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 11890 of 2011(I) -------------------------- PETITIONER(S): ----------------------- 1. BIJILI VARGHESE, S/O.LATE P.K.VARGHESE, AGED 61, RESIDING AT VARKALAMPATTU HOUSE, S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. JACOB VARGHESE, S/O.LATE P.K.VARGHESE, AGED 54, RESIDING AT VARKALAMPATTU HOUSE, S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) SRI.JOHN NUMPELI (JUNIOR) RESPONDENT(S): ------------------------- 1. REV.THOMAS PHILIP, VICAR ST.THOMAS MARTHOMA CHURCH, S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-690573. 2. JOHN MATHAI, AGED 52, S/O.MATHAI, PUTHUVAL BUNGLOW, S.V.MARKET, KOZHIKODE EAST, KARUNAGAPPALLY-690573. 3. THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY, TRIVANDRUM-695001. 4. DISTRICT COLLECTOR, KOLLAM-691001. 5. THE TAHSILDAR, KARUNAGAPPALLY, KOLLAM-690573. 6. THE SECRETARY, KARUNAGAPPALLY MUNICIPALITY, KARUNAGAPPALLY-690573. 7. THE KERALA ART AND HERITAGE COMMISSION, TRIVANDRUM, REPRESENTED BY ITS MEMBER SECRETARY- 695001. 8. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CULTURAL AFFAIRS, SECRETARIAT, TRIVANDRUM-695001. ADV. SRI.SATHISH NINAN FOR R1-2 SRI.SANTHOSH MATHEW FOR R1-2 SRI.ARUN THOMAS FOR R1-2 SRI.JENNIS STEPHEN FOR R1-2 SRI.M.R.ANANDAKUTTAN FOR R6 SMT.M.A.ZOHRA FOR R6 SRI.R.S.MADHU FOR R6 SRI.MAHESH ANANDAKUTTAN FOR R6 GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11890/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE PHOTOGRAPHS OF THE ST.THOMAS MARTHOMA CHURCH. EXT.P2: TRUE COPY OF THE REPRESENTATTION BEFORE THE DIRECTOR OF ARCHAEOLOGY,S TATE OF KERALA, TRIVANDRUM DATED 6/1/09. EXT.P3: TRUE COPY OF THE COMMUNICATION D 21.12.2009 ISSUED BY THE DIRECTOR OF ARCHAEOLOGY, TRIVANDRUM. EXT.P4: TRUE COPY OF THE REPRESENTATION DT. 2.1.2010 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER, KOLLAM AND THE ORDER PASSED ON IT BY THE RDO. EXT.P5: TRUE COPY OF THE ORDER DT 5.1.10 OF THE DISTRICT COLLECTOR, KOLLAM. EXT.P6: TRUE COPY OF THE REPRESENTATION DT 6/12/10 BY THE CHURCH AUTHORITIES BEFORE THE DIRECTOR OF ARCHAEOLOGY. EXT.P7: TRUE COPY OF THE REPRESENTATION DT 20/01/11 BEFORE THE 4TH RESPONDENT. EXT.P8: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONERS TO THE SECRETARY,KARUNAGAPPALLY MUNICIPALITY. EXT.P9: TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 4/2/11. EXT.P10: TRUE COPY OF THE MINUTES OF THE ART AND HERITAGE COMMISSION DT 12/1/11 FURNISHED UNDER THE RIGHT TO INFORMATION ACT. EXT.P11: TRUE COPY OF THE INFORMATION DATED 23/3/11 OBTAINED UNDER THE RIGHT TO INFORMATION ACT. EXT.P12: TRUE COPY OF THE PETITION FILED BY THE PETITIONERS ALONG WITH THE PHOTOGRAPHS DT 1/6/11 EXTS. OF R1 EXT.R1(1): TRUE COPY OF THE UDAMPADY EXECUTED AMONG THE MEMEBRS of THE ST.THOMAS MARTHOMA CHURCH IN THE YEAR 1914. EXT.R1(2): TRUE COPY OF THE RELEVANT EXTRACT OF THE CHURCH'S HISTORY WHICH WAS PUBLISHED IN THE SOUVENIR RELEASED ON THE 75TH YEAR OF THE ST.THOMAS MARTHOMA CHURCH. EXT.R1(3): PHOTOCOPY OF THE NOTICE PUBLISHED IN 1993 DURING THE CONSECRATION OF THE ALTER. EXT.R1(4): TRUE COPY OF THE KALPANA DT 9.12.09 ISSUED BY THE DIOCESAN BISHOP TO THE ST.THOMAS MARTHOMA CHURCH. WPC NO.11890/11 -2- EXT.R1(5): PHOTOGRAPHS OF ST.THOMAS MARTHOMA CHURCH GIVE A CLEAR IDEA ABOUT THE ST.THOMAS MARTHOMA CHURCH. EXT.R1(6): TRUE COPY OF THE DECISION DT 29.5.2011. EXT.R1(7): PHOTOCOPY OF ORDER DT 24.3.2011 PASSED BY THE DISTRICT COLLECTOR. EXT.R1(8): PHOTOCOPY OF THE REPRESENTATION DT 1.6.11 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM. EXT.R1(9): PHOTOGRAPHS OF PARISH HALL TAKEN ON 5.6.11. EXT.R1(10): PHOTOGRAPHS OF PRESENT STATE OF CHURCH SITE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 11890 OF 2011 (I) ===================== Dated this the 27th day of June, 2011 J U D G M E N T The main prayer sought in this writ petition is to direct the 7th respondent to take emergent steps to include the St.Thomas Marthoma Church at Karunagapally, Kollam District and the adjoining buildings in its list as a protected monument and to recommend for its preservation by the 3rd respondent. 2. From the counter affidavit filed by the 1st respondent and the materials produced, it is seen that the Church is already demolished by them. 3. In view of the said development, there arise no question of granting the relief sought for. In view of the above, the writ petition is closed. ANTONY DOMINIC, JUDGE Rp