High Court of KeralaWP(C)/10582/2015disposed of

K.S.Muraleedharan Nair v. The District Collector

2015-03-31Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10582 of 2015 (W) ---------------------------- PETITIONER:

------------------- K.S.MURALEEDHARAN, LAKSHMI BHAVANAM, AYIMALI WEST MURI, OMALLOOR VILLAGE, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S):

--------------------------

1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT - 689 645.

2. THE REVENUE DIVISIONAL OFFICER, ADOOR - 689 106.

BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 10582 of 2015 (W) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1TRUE COPY OF THE LOCATION SKETCH.

P2TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR TO THE 1ST RESPONDENT DATED 26.2.2015.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R.RAMACHANDRA MENON, J.

= = = = = = = = = = = = = = = = W.P.(C) No.10582 of 2015 = = = = = = = = = = = = = = = = = = = = = Dated this the 31 st day of March, 2015

JUDGMENT

The grievance of the petitioner is mainly with regard to the steps being pursued by the 1st respondent to grant sanction to install a 'Cross' (Kurisumthotti) by the concerned Church, in the property concerned, which is almost opposite to the property belonging to the petitioner and near other residents of the locality. The installation of the said Cross in the property will ruin the healthy and cordial relationship among the neighbours because of various adverse circumstances to be resulted and in the said circumstance, when the concerned Church approached the 1st respondent seeking for permission to install the same, the petitioner and others preferred detailed statement of objection. A copy of the statement/objection preferred by the petitioner in this regard before the 1st respondent is produced and marked as Ext.P2. Prayer is to cause the same to be considered, before any sanction is given.

W.P.(C) No.10582 of 2015

2. Heard the learned Government Pleader as well.

3. It is seen that the concerned Church is not impleaded in the party array and as such, it is not proper for this Court to deal with the merits of the case. The writ petition is disposed of, directing the first respondent to consider Ext.P2 objection preferred by the petitioner as well and pass appropriate orders in the application stated as preferred by the concerned Church for permission to install the Cross (Kurisumthotti), after giving an opportunity of hearing to all the concerned/interested parties. Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the first respondent, for further steps.

P.R.RAMACHANDRA MENON, JUDGE sj