IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 25370 of 2011(U) -------------------------------------- PETITIONER(S): ---------------------- 1. BEN JOSEPH, THYVILAGAM HOUSE, PALLITHURA P.O, THIRUVANANTHAPURAM – 695 586. 2. AMALA DASAN PEREIRA, CO-ORDINATOR, THIRUVANANTHAPURAM COASTAL VIEW, POOVAR P.O, THIRUVANANTHAPURAM – 695 525. BY ADV. SMT.MARY BENJEMIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM – 695 001. 3. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM – 695 001. 4. SECRETARY, MADRE DE DEUS CHURCH, VETTUCADU, TITANIUM P.O, THIRUVANANTHAPURAM – 695 021. 5. PARISH PRIEST, MADRE DE DEUS CHURCH, VETTUCADU, TITANIUM P.O, THIRUVANANTHAPURAM – 695 021. DG WP(C).No. 25370 of 2011(U) 6. PROPRIETOR, M/S. ENGINEERS AND CONTRACTORS, PACHALAM, ERNAKULAM – 682 012. R1 & R2 BY ADV.SRI.BIJU MEENATHOOR, GOVT.PLEADER R3 BY ADV.SRI.P.K.MANOJKUMAR , SC & ADV.SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE R4 & R5 BY ADVS.SRI.D.KISHORE & SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 25370 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 11.08.0009 OF THE 2ND RESPONDENT. EXTP2 : COPY OF THE ORDER DATED 23.02.2010 OF THE 3RD RESPONDENT. EXT.P3 : COPY OF THE ORDER DATED 31.05.2010 OF THE 2ND RESPONDENT. RESIDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE PETITION NO.FE1/B.A/1790/08 DATED 29.10.2011 ISSUED BY THE SECRETARY, CORPORATION OF TRIVANDRUM, TO THE COMMISSIONER OF POLICE, TRIVANDRUM. EXT.R3(b) : COPY OF THE STOP MEMO NO.TP/FEI/BA/1790/08 DATED 29.10.2011 ISSUED BY THE TOWN PLANNING OFFICER, CORPORATION OF TRIVANDRUM TO THE CHURCH AUTHORITY. EXT.R3 ( c ) : COPY OF THE LETTER NO.F.E1/BA/1790/08 DATED29.10.2011 ISSUED BY THE SECRETARY, CORPORATION OF TRIVANDRUM, TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. /TRUE COPY/ P.A.TO JUDGE DG HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.25370 Of 2011 ---------------------- Dated this the 25th day of November, 2011. J U D G M E N T The writ petition is filed for a direction commanding respondents 1 to 3 to direct respondents 4 to 6 to stop any further construction of the Madre De Deus Church, Vettukad Thiruvananthapuram without obtaining permission and clearance from the authorities concerned and for an order of injunction restraining respondents 4 to 6 from proceeding with the construction of the Madre De Deus Church, Vettukad, Thiruvananthapuram. 2. Petitioners are believers of Madre De Deus Church, Vettukad. The 4th respondent is the Secretary, 5th respondent the Parish Priest and 6th respondent is a contractor. Petitioner submits that the Church was constructed in the middle of 16th century by St.Francis Xavier and that each day, almost thousands of believers visit the Church and all of them are experiencing immense blessings. It is pointed out that respondents 4 & 5 have put forward a proposal for demolition of the Church and ::2:: W.P.(C).No.25370 Of 2011 construction of a new Church in its place and the proposal was opposed by the believers. It is further pointed out that to the information and knowledge of the petitioners, respondents 4 & 5 have not received permit from the authority for the construction, demolition or modification of the Church, but, the respondents have demolished the antique structure and started construction of a new Church in its place. Petitioners submit that though this fact was brought to the notice of respondents 1 to 3 they are not prepared to stop the illegal activities of respondents 4 & 5. It is submitted that respondents 4 & 5 are misusing the offerings of the petitioners and other believers which are given for genuine social cause and that they are duty bound to get necessary permission and concurrence before they go ahead with the demolition and reconstruction. 3. In the counter affidavit filed by the 3rd respondent it is stated that the Vettukad Church authorities had submitted a plan to reconstruct the existing Church, that they have submitted a revised plan by rectifying the defects noted by the Regional Town Planner on 17.12.2008 and that the revised plan was forwarded ::3:: W.P.(C).No.25370 Of 2011 to the Chief Town Planner on 30.4.2009 for layout approval. It is stated that copy of the plan was also forwarded to the Archeology Department for getting their NOC. It is pointed out in the counter affidavit that the Chief Town Planner as per his letter dated 25.3.2010 informed the Corporation that they will consider the application for permit only after getting concurrence from the Coastal Zone Management Authorities and hence a letter dated 11.6.2010 was sent to the Coastal Zone Management Authority for getting clearance. In the counter affidavit it is further stated that the Archeology Department has replied that the monument is not included in the Archeology Section. It is pointed out in the counter affidavit that the Church Authorities, without waiting for the information sought for, started the construction work. Hence the Corporation has issued stop memo dated 9.5.2010 and also issued Exts.P2 & P3 notices to the Church Authorities prohibiting them from proceedings with the demolition and reconstruction of the Church building. It is further pointed out that the Church Authorities proceeded with the demolition and reconstruction of the Church building in violation ::4:: W.P.(C).No.25370 Of 2011 of Exts.P2 and P3 notices issued by the Corporation and hence a preliminary order dated 27.1.2011 was served on the Church authorities and issued a letter to the Circle Inspector of Police to take immediate steps to stop the illegal construction. The Corporation also submitted Ext.R3(a) petition dated 29.10.2011 to the Commissioner of Police, Thiruvananthapuram city requesting to take immediate steps to stop the unauthorized construction of the church building. Ext.R3(b) is the copy of the stop memo directing to stop the unauthorized construction. Ext.R3(c) is the copy of the letter issued by the Corporation to the District Collector requesting him to issue NOC for processing the application for permit. It is pointed out that the Corporation has taken all possible steps to prevent the unauthorized reconstruction of the Church building. 4. The application submitted by the Church authorities for building permit is pending consideration before the Corporation. Finding that the Church authorities, before the grant of permit, started construction work, the Corporation has issued stop memo and also issued Exts.P2 and P3 notices to the ::5:: W.P.(C).No.25370 Of 2011 Church authorities prohibiting them from demolition and reconstruction of the Church building. Subsequently, the Corporation passed a preliminary order dated 27.11.2011 and informed the Circle Inspector of Police, Thiruvananthapuram city to take immediate steps to stop the unauthorized construction of the Church building and police aid if requested. It is for the Corporation authorities and the police to stop any further activity by the Church authority without obtaining approval and permit. In the background of the steps taken by the authorities, no further orders are necessary, and therefore, the writ petition is closed. HARUN-UL-RASHID, Judge. bkn/-