IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 4978 of 2008(P) ------------------------- PETITIONER: ------------ KOLLEMCODE DAIVA SABHA MINISTRIES INDIA, MELARIYOD, KAMUKINKOD, VELIYAMKODE P.O., THIRUVANANTHAPURAM, REPRESENTED BY PASTOR, LITTLE SAM, S/O.DASAYYAN. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, MARANALOOR POLICE STATION, THIRUVANANTHAPURAM. 5. MARANALLOOR GRAMA PANCHAYAT, MARANALOOR, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. BY SHRI.K.J.MOHAMED ANZAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 4978 of 2008 --------------------------------- Dated, this the 21st day of February, 2008 J U D G M E N T Learned Government Pleader on the basis of the instructions from the District Collector submits that the petitioner had filed an application, Ext.P3, before the District Collector and the District Collector forwarded the same to the local authority. The local authority granted Ext.P4 permission. After some complaints received from organizations and individuals regarding the prayers and rituals which are being conducted by the petitioner Sabha, the Revenue Divisional Officer has passed Ext.P6 order. Under Ext.P6, the direction is only to regulate the prayers and worships in the church to be constructed by the petitioner Sabha in a manner conducive to the harmonious living by the persons belonging to various communities and religions in the locality. 2. Shri.K.B.Pradeep submits that the grievance of the petitioner is regarding the latter part of Ext.P6, wherein it is ordered that the District Collector’s permission also should be obtained before the building is constructed. I have heard the submissions of the learned Government Pleader also. I have gone through the various documents. The building permit has been WP(C) No. 4978/2008 -2- validly issued in favour of the petitioner by the statutory authority, 5th respondent. So long as Ext.P7 is in currency, the insistence of a further permit from the District Collector is not justified. I, therefore, allow the writ petition to the extent of directing the 4th respondent to ensure the completion of the roof changing works of the prayer hall without being obstructed anybody else. It is made clear that the other prayers in the writ petition has not been considered and that Ext.P6 has been quashed only to the extent it insists of permit from the District Collector regarding completion of constructions. In other words, this judgment grants permit to the petitioner to carry out the construction as permitted in Ext.P7. The other prayers in the writ petition are left open to be decided, if necessary, in prospective other proceedings. This writ petition is allowed to the above extent. (PIUS C.KURIAKOSE, JUDGE) jg