IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 34470 of 2009(C) -------------------------- PETITIONERS: ---------------- 1. T.YOHANNAN, S/O.THANKAYYAN, AGED 42 YEARS, JOSHY VILLA, RAILWAY STATION ROAD, INCHIVILA, P.O.PARASSALA. 2. A.MADHAVAN PILLAI, S/O.AYYAPPAN PILLAI, AGED 86 YEARS, KIZHAKKUMKARA VEEDU, NEDUNGODE, PARASSALA P.O. 3. M.ABDUL MAJEED, S/O.MEERAN SAHIB, AGED 51 YEARS, THUNDUVILA VEEDU, NEDUNGODE, KALIYAKKAVILA POST. BY MR.G.S.REGHUNATH, ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR & EXECUTIVE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. 3. PARASSALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 4. RURAL S.P., THIRUVANANTHAPURAM. 5. SUB COLLECTOR, THIRUVANANTHAPURAM. 6. J.DEVANESSAN, S.J.A.G.MISSION VEEDU, PANANGALLA, KALLIYAKAVILLA. 7. INDIAN ASSEMBLIES OF GOD, REPRESENTED BY SOUTHERN DISTRICT SUPERINTENDENT, S.J.A.G.MISSION VEEDU, PANANGALLA, KALLIYAKAM VILLA. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34470 OF 2009 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioners are residents of Nedungodu and Injivila which are the border areas of Tamil Nadu and Kerala and south of the railway line and north of National Highway leading from Parassala to Kaliyakavila. The 1st petitioner is the President and the 3rd petitioner is the Secretary of the Poura Samithi in the locality. According to the petitioners, the Poura Samithy is formed to prevent the unlawful activities of the 6th respondent and his associates. 2. It appears that the 6th respondent has obtained permission to construct a new church in a plot having an extent of 15 cents in Survey No.572/9-1-7 of Parassala village. The main objection raised by the petitioners is that it is a thickly populated area and therefore, the construction will cause acute hardship to the people of the locality. W.P.(C) No.34470/2009 2 3. The petitioners have produced along with the writ petition various representations submitted before the District Collector as Exhibits P8, P8(a), P9 and P10. Exhibits P11 to P18 are the copies of other representations submitted before various authorities. Exhibit P21 is the Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony-2005 wherein various stipulations have been provided which, according to the petitioners, have been violated. 4. The petitioners are presently aggrieved by Exhibit P19 order passed by the District Collector granting permission and the licence issued by the local panchayath as per Exhibit P20. 5. Along with I.A.No.624/2010, the petitioners have produced Exhibit P22 appeal filed before the Government by the petitioners challenging the proceedings of the District Collector mentioned above. In view of the urgency of the situation, it is prayed that the appeal may be directed to be disposed of within a time frame after hearing all the parties. I am not going into the merits of the matter. There will be a direction to the Secretary to the Government of the concerned W.P.(C) No.34470/2009 3 Department to take a decision on Exhibit P22 within a period of two months from the date of receipt of a copy of this judgment. The petitioners will produce a copy of this judgment along with copy of the writ petition for compliance. The appeal will be disposed of after hearing the appellants, contesting respondents and other necessary parties. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp