IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 6993 of 2009(T) ------------------------------------- PETITIONER(S): ------------------------ REV.FR.NICHOLAS PALLIVATHUKKAL, VICAR, CHRISTURAJ CHURCH, RAJAGIRI, UPPUTHARA VILLAGE, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, IDUKKI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPANA. 4. THE CIRCLE INSPECTOR OF POLICE, PEERMEDU. 5. THE SUB INSPECTOR OF POLICE, UPPUTHARA 6. FR.MATHEW PULICKAL ,'KRIPALAYAM' MATHAIPARA PO, VALAKODE, PEERUMEDU TALUK IDUKKI DISTRICT. 7. MATHEW (MATHACHAN) MULLUVENGAPPURATH, MATHIPARA P.O, KIZHUKANAM,PEERUMEDU TALUK IDUKKI DISTRICT. 8. TOMICHAN, S/O.JOY, MANNARATH MATHIPARA P.O, VALAKODE, PEERUMEDU TALUK, IDUKKI DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD R6 TO R8 BY ADV. SRI.C.J.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.6993/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMUNICATION ISSUED BY FR.MATHEW MARUVATHERIYIL DATED 14/2/2007. P2 COPY OF THE COMMUNICATION ISSUED BY MAR MATHEW ARACKAL TO THE 6TH RESPONDENT DATED 28/3/2007 P3 COPY OF THE CIRCULAR ISSUED BY THE BISHOP OF KANJIRAPPALY AGAINST THE 6TH RESPONDENT DATED 28/3/2007. P4 COPY OF THE INTERIM ORDER IN WP(C)NO.11720 OF 2007 DATED 03/04/2007. P5 COPY OF THE JUDGMENT IN WP(C)NO.11720 OF 2007 DATED 09/04/2007 P6 COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE 5TH RESPONDENT AND OTHERS DATED 18/10/2007. P7 COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE 5TH RESPONDENT AND OTHERS DATED 25/2/2009. P8 COPY OF THE NOTICE PUBLISHED BY THE 6TH RESPONDENT IN CONNECTION WITH THE BLESSING AND INAUGURATION OF “KRIPANILAYAM” HELD ON 24/03/2007 DATED NIL. P9 COPY OF THE DECISION OF THE PARISH COUNCIL FOR CONSTRUCTION OF THE RELIGIOUS CENTRE AT KIZHUKANAM AND FORWARDED TO THE DIOCESE UNDER THE SIGNATURE OF THE 6TH RESPONDENT DATED 11/12/2005. P10 COPY OF THE DECISION OF THE DIOCESAN CURIO OF THE KANJIRAPALLY DIOCESE APPROVING THE ESTABLISHMENT OF RELIGIOUS CENTRE AT KIZHUKANAM DATED 24/12/2008. P11 COPY OF THE LETTER WRITTEN BY THE 6TH RESPONDENT IN HIS OWN HAND AS THE VICAR OF THE CHURCH AND ADDRESS TO THE BISHOP DATED 05/04/2006. P12 COPY OF THE DOCUMENT EXECUTEDBY THE LEGITIMATE OWNER OF THE LAND WHEREIN KIZHUKANAM CHAPEL IS CONSTRUCTED DATED 25/02/2009. RESPONDENT'S EXHIBITS: R6(A) COPY OF THELETTER DATED 15/5/2005 ISSUED BY THE BISHOP OF KANJIRAPALLY APPOINTING THE 6TH RESPONDENT AS VICAR OF RAJAGIRI CHURCH. R6(B) COPY OF THE LETTER DATED 31/1/2006 OF VICAR GENERAL-1 OF KANJIRAPALLY DIOCESE INFORMING THE 6TH RESPONDENT OF ENSUING TRANSFER. R6(C) COPY OF THE LETTER DATED 7/2/2007 OF VICAR GENERAL-1 OF KANJIRAPALLY DIOCESE INFORMING THE 6TH RESPONDENT REGARDING THE CANCELLATION OF THE TRANSFER. 3/- -3- WP(C)NO.6993/2009 R6(D) COPY OF THE LETTER DATED 8/3/2006 OF VICAR GENERAL-1 OF KANJ DIOCESE INFORMING THE 6TH RESPONDENT REGARDING THE APPOINTMENT OF ENQUIRY COMMISSION. R6(E) COPY OF THE LETTER DATED 16/1/2007 OF THE BISHOP OF KANJIRAPALLY RELIEVING THE 6TH RESPONDENT FROM THE SERVICES AS VICAR OF RAJAGIRI CHURCH. R6(F) COPY OF THE LETTER DATED 8/2/2007 OF THE VICAR GENERAL, KANJIRAPALLY DIOCESES DIRECTING THE 6TH RESPONDENT TO CONTACT FR.SEBASTIAN VECHOOKORATTU FOR TEMPORARY STAY. R6(G) COPY OF THE DEED DATED 16/2/2007 FOR PURCHASE OF LAND BY THE 6TH RESPONDENT. R6(H) COPY OF THE OWNERSHIP CERTIFICATE DATED 14/3/2007 ISSUED BY THE SECRETARY OF UPPUTHARA PANCHAYATH TO THE 6TH RESPONDENT. R6(I) COPY OF THE RECEIPT DATED 14/3/2007 EVIDENCING REMITTANCE OF BUILDING TAX BY THE 6TH RESPONDENT. R6(J) COPY OF THE LETTER DATED 31/7/2007 OF THE BISHOP OF JAMM-SRINAGAR APPOINTING THE 6TH RESPONDENT AS THE PARISH PRIEST OF ST.JUDE'S CHURCH, UDHAMPUR. R6(K) COPY OF THE AGREEMENT DATED 29/3/2006 RELATING TO 5 CENTS OF LAND PURCHASED BY THE 6TH RESPONDENT. R6(L) COPY OF THE LETTER DATED 27/2/2009 ISSUED BY THE BISHOP OF JAMMU- SRINAGAR TO THE 6TH RESPONDENT INSTRUCTING HIM TO REPORT AT THE HEAD OFFICE OF THE CONGREGATION FOR FURTHER ASSIGNMENT . /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 6993 of 2009-T ------------------------------------------------- Dated this the 8th day of June, 2011 JUDGMENT Basant,J. This petition filed as early as on 3/3/09 remains without disposal even now. The last date of posting was 15/4/09. The Registry has put up this old pending matter for disposal. 2. The learned counsel for the petitioner submits that, at the moment, the petitioner does not want to claim any relief against respondents 6 to 8. This petition may, in these circumstances, be dismissed without any fetter on the right of the petitioner to seek appropriate relief, if found necessary, at a later point of time. 3. Request accepted. This writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge