In a writ petition challenging the alleged unauthorized construction of a temple on private property, the court accepted the respondent's undertaking not to establish a religious institution and disposed of the petition without costs.
Writ petition disposed off upon recording the respondent's undertaking not to establish a temple.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
SATURDAY, THE 16TH DAY OF SEPTEMBER 2017/25TH BHADRA, 1939
WP(C).No. 12175 of 2017 (V)
PETITIONER(S)/PETITIONER:
MADHU, AGED 40 YEARS, S/O VISWAMBARAN NAIR, RESIDING AT TC 29/280, MINI BHAVAN, LEKSHMIVILAKOM RESIDENCE ASSOCIATION, PALKULANGARA, PETTAH P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS
RESPONDENT(S)/RESPONDENTS:
1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, THIRUVANANTHAPURAM-695001.
2. THIRUVANANTHAPURAM MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICER, VIKAS BHAVAN P.O., THIRUVANATHAPURAM-695033.
3. THE DISTRICT TOWN PLANNER, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM-695001.
4. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION BUILDING, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043.
WP(C).No. 12175 of 2017 (V)
5. THE TAHSILDAR, THIRUVANANTHAPURAM TALUK, EAST FORT, THIRUVANANTHAPURAM-695023.
6. THE STATE POLICE CHIEF, OFFICE OF THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010.
7. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM-695035.
8. JITHIN, RESIDING AT LEKSHMIVILAKOM, PETTAH P.O., THIRUVANANTHAPURAM-695024.
9. VIPIN, RESIDING AT LEKSHMIVILAKOM, PETTAH P.O., THIRUVANANTHAPURAM-695024.
10. VINEETH, RESIDING AT KONCHIRAVILA, MANAKKAD P.O., THIRUVANANTHAPURAM-695009.
11. VISHNU, RESIDING AT KONCHIRAVILA, MANAKKAD P.O., THIRUVANANTHAPURAM-695009.
*** ADDL. 12TH RESPONDENT IMPLEADED:**
12. VISHNU V.L ., AGED 24 YEARS, S/O VIKRAMAN, LAKSHMIVILAKOM, THENGAPURA LANE, KAVARADI JUNCTION, PETTA P.O., TRIVANDRUM-24.
R1& R3 TO R7 BY GOVERNMENT PLEADER SRI. B. VINOD R2 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION ADDL.R12 BY ADV. SRI. R.V. SREEJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 12175 of 2017 (V)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 COPY OF THE NOTICE ISSUED IN THE NAME OF SREE MELAMKODE ISHAKKI MARIYAMMAN KOVIL EXHIBIT P2 COPY OF THE COMPLAINT FILED BY THE PETITIONER AND RESIDENTS ASSOCIATION MEMBERS BEFORE THE 7TH RESPONDENT DATED 10.9.2016 EXHIBIT P3 COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT FOR THE RECEIPT OF EXHIBIT P2 PETITION DATED 10.9.2016 EXHIBIT P4 COPY OF THE PETITION DATED 13.10.2016 SUBMITTED BY THE PETITIONERS AS PRESIDENT OF LAKSHMIVILAKOM RESIDENTS ASSOCIATION BEFORE THE 1ST RESPONDENT ON 15.10.2016 EXHIBIT P5 COPY OF THE PETITION DATED 13.10.2016 SUBMITTED BY THE PETITIONER AS PRESIDENT OF LAKSHMIVILAKOM RESIDENTS ASSOCIATION BEFORE THE 2ND RESPONDENT EXHIBIT P6 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1807 OF 2016 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DATED 28.12.2016
RESPONDENT(S)' EXHIBITS
EXHIBIT R12(A) THE TRUE COPY OF THE SALE DEED NO.3420/2016 OF THE SRO THIRUVANANTHAPURAM EXHIBIT R12(B) THE TRUE COPY OF THE TAX RECEIPT DATED 03.06.2017 EXHIBIT R12(C) THE TRUE COPY OF THE CHALLAN EVIDENCING SUBMISSION OF THE APPLICATION FOR CONSTRUCTION OF THE BUILDING SUBMITTED TO THE SECOND RESPONDENT EXHIBIT R12(D) THE TRUE COPY OF THAT PERMIT ALONG WITH THE PLAN NO.FEE/TSL/44/2017
TRUE COPY
P.S. TO JUDGE
EL
K. VINOD CHANDRAN, J.
W.P.(C) No. 12175 of 2017 (V)
Dated: 16th September, 2017
J U D G M E N T
The petitioner was aggrieved with the alleged construction of a temple carried on by respondents 8 to 12, specifically the 11th respondent, in a property belonging to that respondent. In fact, the additional 12th respondent is the person owning the said premises and it is submitted by the learned Counsel for the additional 12th respondent that the address shown in the cause title; of the 11th respondent, is not correct and hence he got himself impleaded as the additional 12th respondent.
W.P.(C) No. 12175/2017
-2-
Inspector of Police also indicates that a temple was sought to be constructed therein, which was stopped. It is also seen from the counter affidavit that on complaints raised by the residents of the locality, the attempt of the party respondents to construct a temple without the permission of the concerned authorities, was withdrawn and the illegal constructions were also demolished.
W.P.(C) No. 12175/2017
-3-
District Collector under the Manual of Guidelines to Prevention and Control Communal Disturbances and to Promote Communal Harmony as provided under Sub Rule (6B) of Rule 7 of the Kerala Municipality Building Rules, 1999. In such circumstances, the undertaking of the additional 12th respondent that he does not intend to establish a religious institution or temple is recorded.
W.P.(C) No. 12175/2017
-4-
insofar as the additional 12th respondent having
undertaken that there would be no temple established. Recording the undertaking, the writ petition would stand disposed of. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 16/9/17
1 issue framed by the court
Whether to dispose of the writ petition seeking stay on the alleged construction of a temple by the property owner.
MADHU
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT
THIRUVANANTHAPURAM MUNICIPAL CORPORATION
THE DISTRICT TOWN PLANNER
THE REVENUE DIVISIONAL OFFICER
THE TAHSILDAR, THIRUVANANTHAPURAM TALUK
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
