High Court of KeralaWP(C)/26190/2015disposed of

Radhakrishna Panicker v. The Secretary

2015-10-05Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 26190 of 2015 (W) -------------------------------------- PETITIONER:

-------------------------- RADHAKRISHNA PANICKER, AGED 50 YEARS S/O. CHELLAPPA NAIR, RESIDING AT VARIMBILLIL HOUSE KARUVATTA P.O., HARIPPAD - 690 517.

BY ADV. SRI.P.SREEKUMAR RESPONDENTS:

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

1. THE SECRETARY KARUVATTA GRAMA PANCHAYATH 690 517

2. THE DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA DISTRICT - 698 011

3. THE DISTRICT COLLECTOR, ALAPPUZHA - 698 011

4. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR - 689 121

5. SENIOR SECTION ENGINEER (PERMANENT WAY) SOUTHERN RAILWAY, ALAPPUZHA - 688 001

6. JAMES VARGHESE, TRUSTEE, MAR YACOOB, BURDANA ORTHADOX CHURCH KARUVATT - 690 517 R2, R3 & R4 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A. R5 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS R6 BY ADVS. SRI.GEORGE VARGHESE (MANACHIRACKEL) SMT.SALI. P. MATHEW (MUNNAR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26190 of 2015 (W) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT ON 16/04/2013.

EXHIBIT-P2- TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT ON 23/04/2013.

EXHIBIT-P3- TRUE COPY OF THE ORDER DATED 06/05/2013 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P4-TRUE COPY OF THE COMMUNICATION DATED 23/04/2013 ISSUED BY THE 4TH RESPONDENT TO TH ADDITIONAL TAHSILDAR, KARTHIKAPALLY.

EXHIBIT-P5-TRUE COPY OF THE COMMUNICATION DATED 23/04/2013 SENT BY THE 4TH RESPONDENT TO THE RAILWAY AUTHORITIES. EXHIBIT-P6-TRUE COPY OF THE CIRCULAR DATED 01/09/2013. EXHIBIT-P7-TRUE COPY OF THE PETITION DATED 15/06/2015. RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT-R6(a)-TRUE COPY OF SALE DEED NO. 2375/2012 OF HARIPAD SRO EXHIBIT-R6(b)-TRUE COPY OF LAND TAX PAID RECEIPT DATED 09.09.2015 ISSUED BY KARUVATTA VILLAGE OFFICE EXHIBIT-R6(c)-TRUE PHOTOGRAPH SHOWING THE SHRINE ESTABLISHED BY R6 CHURCH IN SY NO. 157/10 EXHIBIT-R6(d)-TRUE COPY OF APPLICATION DATED 06.09.2013 SUBMITTED BY VICAR OF 6TH RESPONDENT CHURCH TO DISTRICT COLLECTOR, ALLEPPEY EXHIBIT-R6(e)-TRUE COPY OF NO OBJECTION CERTIFICATE DATED 18.07.2013 ISSUED BY THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY EXHIBIT-R6(f)-TRUE COPY OF LETTER DATED 11.

2.2014 ISSUED BY THE PRESIDENT, KARUVATTA GRAMA PANCHAYATH TO THE DISTRICT COLLECTOR EXHIBIT-R6(g)-TRUE COPY OF JUDGMENT OF HON'BLE HIGH COURT DATED 29.01.2013 IN W.P.(C) NO. 2700/2013 EXHIBIT-R6(h)-TRUE PHOTOGRAPH SHOWING RECEPTION TO THE CHURCH AUTHORITIES BY THE SREEGOLOKASRAMAM, KARUVATTA /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26190 OF 2015 ---------------------------------------- Dated this the 05th day of October, 2015

JUDGMENT

The petitioner asserts that the sixth respondent is proceeding with the construction of a building encroaching into the property of the Railways. The sixth respondent however contends that the Railways have already issued a No Objection Certificate. The petitioner contends that the No Objection Certificate does not pervade to the property of the Railways. In other words the No Objection Certificate can only pertain to the construction of the building in the property of the sixth respondent.

It is reported that Ext. P7 representation filed by the petitioner is pending consideration with the third respondent. It is for the third respondent to consider whether there has been an encroachment into the Railway property or not. The third respondent is also the authority to consider whether permission can be granted

W.P.(C). NO. 26190 OF 2015 2 to construct a chapel. Ext. R6(d) application put in by the sixth respondent in this regard for permission is also pending with the third respondent.

I direct the third respondent to consider Ext. P7 representation and Ext. R6(d) application within a period of two months. The same shall be done with notice to the petitioner, respondents 1, 4, 5 and 6. The status quo as directed in Ext. P3 order shall be maintained till orders are passed on Ext. P7 representation and Ext. R6(d) application by the third respondent as directed above. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS