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High Court of KeralaWP(C)/38506/2015disposed of

John C v. District Collector

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38506 of 2015 (K) ---------------------------- PETITIONER:

------------------- JOHN C, AGED 65 YEARS, S/O.M.C.CHACKO, KOTTARAZHIKATHU VEEDU, VENGOOR MURI, VENGOOR P.O, ELAMADU VILLAGE, KOTTARAKARA.

BY ADV. SRI.SYAM J SAM RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM - 691 001.

2. THE SECRETARY, INDIAN PENTICOSTAL CHURCH (IPC), VENGOOR MURI, VENGOOR P.O, KOTTARAKARA - 691 001.

3. THE PRESIDENT, INDIAN PENTICOSTAL CHURCH (IPC), VENGOOR MURI, VENGOOR P.O, KOTTARAKARA- 691 001.

R1 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 38506 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXT. P1 - THE TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 38506 of 2015 --------------------------------------------------------- Dated this the 21st day of December, 2015

JUDGMENT

This writ petition is related to the right use of the burial ground. The petitioner has filed a suit in O.S.No.37/2013 on the file of Munsiff Court, Kottarakara. By an interim order, the third respondent was restrained from burying any corpus in the plaint property therein. It is claimed by the petitioner that injunction was made absolute and appeal filed by the third respondent, was also rejected.

2. It is further submitted that the suit was dismissed for default and the petitioner has filed an application for restoration.

3.

The petitioner has approached this Court challenging a notice issued by the District Collector, produced as Ext.P1, based on a complaint filed by the third respondent.

W.P.(C).No. 38506 of 2015 -24. This Court is of the view that the petitioner shall co-operate with the notice issued by the District Collector. However, the District Collector shall not enforce any order, if any passed, for a period of two months.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr