Dismissed

Rev.Hendry D.Daveed v. the District Collector, Tvm.

Kerala HC7 Nov 2012WP(C)/29998/2011

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the suspension of a prayer hall construction. The Court held that communal apprehension justified the suspension and allowed the petitioners to approach the Collector for a fresh application after pending criminal cases are disposed of.

What did the court decide?

Petitioner is at liberty to move District Collector for a fresh application after disposal of pending cases.

Rev.Hendry D.Daveed Vs the District Collector… — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934

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WP(C).No. 29998 of 2011 (Y)

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PETITIONER(S):

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1. REV.HENDRY D.DAVEED, AGED 38 YEARS. S/O.DENNISON, AREA CHAIRMAN EVANGALELICAL CHURCH OF INDIA,THIRUVANANTHAPURAM RESIDING AT BETHEL BHAVAN,KOLLODU,KOLLODU P.O. KATTAKKADA.

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2. REV.H.ANGES, S/O.HARRIS, AGED 41 YEARS, PRIEST,EVANGALELICAL CHURCH OF INDIA (ECI) MELAMCODE, KARUMAM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR,

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COLLECTORATE, KUDAPPANAKUNNU,THIRUVANANTHAPURAM.695 001.

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2. THE CITY COMMISSIONER OF POLICE, OFFICE OF CITY COMMISSIONER OF POLICE THIRUVANANTHAPURAM-695 001.

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3. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF ASSISTANT COMMISSIONER OF POLICE FORT,THIRUVANANTHAPURAM-695 001.

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4. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE

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INSPECTOR OF POLICE, NEMAM-695 020.

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5. THE SUB INSPECTOR OF POLICE, NEMAM POLICE STATION-695 020.

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6. B.RAJASEKHARAN NAIR, NAGA VILASOM,

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EDAGRAMAM,KARUMAN P.O., 695 002.

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ADDL.ADV.GENERAL SRI.P.C.IYPE

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R1 TO R5 BY SR.GOVT.PLEADER SRI.CYRIAC KURIAN

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R6 BY ADV. SRI.ANIL K.NARENDRAN R6 BY ADV. SRI.S.RAJEEV

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.29998/2011

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXBIBIT P1:- COPY OF THE TAX RECEIPT DATED 19/4/2010.

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EXBIBIT P2:- COPY OF THE PROCEEDINGS DATED 16/11/2007 OF THE 1ST RESPONDENT.

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EXBIBIT P3(a):- COPY OF THE BUILDING PERMIT DATED 21////8/2008.

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EXBIBIT P3B:- COPY OF THE APPROVED PLAN BY CORPORATION OF THIRUVANANTHAPURAM.

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EXBIBIT P4:-PHOTO GRAPH OF CHURCH.

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EXBIBIT P5:- COPY OF THE COMPLAINT DATED 3/12/2009 WHICH IS OBTAINED UNDER RTI ACT.

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EXBIBIT P6.:- COPY OF THE ORDER DATED 26/10/2010 IN CRMC NO.1372/2010.

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EXBIBIT P7:- COPY OF THE COMPLAINT DATED 15/10/2010 BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

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EXBIBIT P8:- COPY OF THE FIR DATED 17/10/2010 IN CRIME NO.1018/2010.

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EXBIBIT P9:- COPY OF THE NEWSPAPER REPORTS PUBLISHED ON 18/10/2010 IN INDIAN EXPRESS.

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EXBIBIT P9(a):- COPY OF THE NEWSPAPER REPORTS PUBLISHED ON 18/10/2010 IN MANGALAM.

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EXBIBIT P9(b): COPY OF THE NEWSPAPER REPORTS PUBLISHED ON 18/10/2010 IN MALAYALA MANORAMA.

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EXBIBIT P10:- COPY OF THE COMPLAINT DATED 3/11/2010 BEFORE THE CHIEF MINISTER.

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EXBIBIT P11:- COPY OF THE COUNTER OF 6TH RESPONDENT DATED 1.2.2011 IN WPC NO.2102/2011.

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EXBIBIT P12:- COPY OF THE ORDER DATED 4/2/2011 IN WPC NO.2102/2011.

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EXBIBIT P13:- COPY OF THE AFFIDAVIT DATED 23/4/2011 BY DISTRICT COLLECTOR. EXBIBIT P14:- COPY OF THE ORDER DATED 31/5/2011 IN WPC NO.2102/2011. EXBIBIT P15:- COPY OF THE ORDER DATED 11/7/2011 IN WPC NO.2102/2011. EXBIBIT P16:- COPY OF THE ORDER DATED 5/9/2011 BY DISTRICT COLLECTOR. EXBIBIT P17:- COPY OF THE JUDGMENT DATED 21/7/2011 IN WPC NO.2102/2011. EXBIBIT P18:- COPY OF THE CERTIFICATE DATED 15/1/2010 OF MEDICAL BOARD. tss

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W.P.(C) NO.29998/2011

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P19:- COPY OF THE JUDGMENT DATED 20/11/2011 IN ST.NO.124/2009 BY JUVENILE JUSTICE BOARD, THRIUVANANTHAPURAM.

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P20:- COPY OF THE FINAL REPORT DATED 27/10/2010 IN CC NO.45/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA.

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P21:- COPY OF THE CERTIFICATE DATED 29/3/2011 OF CORPORATION OF THIRUVANANTHAPURAM.

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P22:- COPY OF THE RENEWAL APPROVED PLAN DATED 6/8/2008.

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P23:- COPY OF THE REPRESENTION DATED 30/9/2011 SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT.

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P24:- COPY OF THE QUERIES RAISED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT IN FORMATION SUPPLIED BY THE PUBLIC INFORMATION OFFICER & VILLAGE OFFICER, NEMOM.

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P24(a):- COPY OF THE INFORMATION SUPPLIED BY THE PUBLIC INFORMATION OFFICER & VILLAGE OFFICER, NEMOM.

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P25:- COPY OF THE APPLICATION DTD. 22.7.2011.

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P25(a):- COPY OF THE REPLY DTD. 23.8.2011 ISSUED BY STATE PUBLIC INFORMATION OFFICER, SECRET SECTION, COLELCTORATE, THIRUVANANTHAPURAM.

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P26:- COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT.

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P26(a):- COPY OF THE REPLY DTD. 30.4.2012 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, SECRET SECTION, COLLECTORATE, THIRUVANANTHAPURAM.

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P27:- COPY OOF THE QUERY DTD. 4.4.2012 RAISED UNDER RIGHT TO INFORMATION ACT.

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P27(a):- COPY OF THE REPLY DTD. 3.5.2012 ISSUED BY PUBLIC INFORMATION OFFICER, NEMOM ZONAL OFFICE, THIRUVANANTHAPURAM MUNICIPAL.

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RESPONDENTS' EXHIBITS

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R6(a):- COPY OF MASS PETITION DTD. 3.12.2009 SUBMITTED BY THE RESIDENTS OF AMBALAKKUNNU BEFORE THE IST RESPONDENT.

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R6(b):- COPY OF REPORT DTD. 17.12.2009 OF THE VILLAGE OFFICER, NEMOM SUBMITTED BEFORE THE IST RESPONDENT, ALONG WITH COVERING LETTER DTD. 18.11.2010 OF THE STATE PUBLIC INFORMATION OFFICER, COLLECTORATE, THIRUVANANTHAPURAM.

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tss

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W.P.(C) NO.29998/2011

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R6(c):- COPY OF LOCATION SKETCH DTD. NIL, PREPATED BY A RETIRED SURVEYOR. R6(d):- COPY OF RATION CARD DTD. 24.12.2008, ISSUED TO THE 6TH RESPONDENT , IN THE ADDRESS TC 64/571, M.G. VILASOM, EDAGRAMAM.

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R6(e):- COPY OF RESIDENTIAL CERTIFICATE DTD. 17.7.2012 ISSUEDTO THE 6TH RESPONDENT, IN THE ADDRESS TC 64/571. M.G.VILASOM, EDAGRAMAM.

//TRUE COPY//

P.A. TO JUDGE

tss

**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.29998 of 2011

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Dated this the 7^th day of November 2012

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J U D G M E N T

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Petitioner challenges Ext.P16 order passed by the District Collector by which the request for starting construction of a prayer hall by the petitioners' group had been suspended by the authority on the ground that few criminal cases are pending and there had been reports which indicate that there is a possibility of friction between two communities in the area.

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After having gone through the materials on record, especially the reports of the District Collector and Village Officer produced as Ext.R6(b), it is evident that the District Collector had acted upon sufficient materials. When there is an apprehension of some conflict between two communities, the District Collector was definitely justified in not permitting the prayer hall to be constructed in the area as matters stand now.

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The impugned order only suggests that the matter could be considered after disposal of the cases pending before the Judicial First Class Magistrate Court-I, Neyyattinkara. The

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W.P.C.No.29998/2011

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learned counsel for the petitioner submits that one case had already been disposed of and the other case is pending.

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As matters stand now, it may not be possible for this Court to interfere with Ext.P16 order. However, petitioner is at liberty to move the District Collector after disposal of the cases with a fresh application and the District Collector, in that event, shall consider the matter afresh after obtaining necessary reports from the competent authorities and after hearing the interested parties, pass appropriate orders.

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Writ petition is disposed of as above.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

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W.P.C.No.29998/2011 3

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W.P.C.No.29998/2011 4

Rev.Hendry D.Daveed v. the District Collector, Tvm.

Case brief

What is this about?

What did the court decide?

Rev.Hendry D.Daveed v. the District Collector, Tvm.

Case brief

What is this about?

What did the court decide?

What the court decided

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