Disposed

Fr. Jolly Thappoladath v. the Mookkannur Grama Panchayath

Kerala HC27 Nov 2018WP(C)/31344/2016

Case brief

AI extract

What is this about?

A writ petition seeking a mandate for church permission to convert land for a cemetery was disposed of as it became closed after the representation was already considered and a report submitted by a committee.

What did the court decide?

Writ petition closed with liberty to file appropriate legal proceedings against the report submitted by the committee if so advised.

Fr. Jolly Thappoladath Vs the Mookkannur… — Pension and Retirement Benefits | Kerala HC (2018)

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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 V.G.ARUN

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TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

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WP(C).No. 31344 of 2016

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PETITIONERS:

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FR. JOLLY THAPPOLADATH AGED 44 YEARS VICAR, ST.JUDE'S SHRINE,YOODAPURAM, KINDANGOOR.P.O., ANGAMALY. [SUBSTITUTED] [THE NAME OF THE SOLE WRIT PETITIONER IS REPLACED BY SUBSTITUTING WITH THE NAME "FR.YESHUDAS PAZHAMPILLY" IN PLACE OF 'FR.JOLLY THAPPALODATH' AS PER THE ORDER DATED 15/12/2017 IN IA.20128/2017]

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BY ADVS. SRI.G.HARIHARAN SMT.ANJANA SMT.T.T.SHANIBA SMT. SMITHA PRAVEEN SRI.PRAVEEN HARIHARAN

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RESPONDENTS:

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1 THE MOOKKANNUR GRAMA PANCHAYATH MOOKKANNUR, ANGAMALY, ERNAKULAM DISTRICT,REPRESENTED BY ITS SECRETARY.

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2 THE DISTRICT COLLECTOR ERNAKULAM CIVIL STATION,KAKKANAD, ERNAKULAM.

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3 THE LOCAL LEVEL MONITORING COMMITTEE [CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008] REPRESENTED BY ITS CONVENOR (THE AGRICULTURAL OFFICER), KRISHI BHAVAN,MOOKKANNUR P.O., ALUVA TALUK,ERNAKULAM DISTRICT - 683577.

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BY ADVS. SR GP-SRI T. RAJASEKHARAN NAIR SRI.C.A.CHACKO

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31344 of 2016

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JUDGMENT

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This writ petition has been filed seeking the issue of a writ of Mandamus directing the 3^rd respondent to consider and take a decision on Ext. P8 application filed by the petitioner. In Ext.P8, the petitioner had requested for permission to convert the land belonging to his Church, for the purpose of opening a cemetery. The learned Government Pleader points out that pending the writ petition, Ext. P8 representation was considered and report submitted by the Convener of the Local Level Monitoring Committee, which has been produced along with a memo. In the light of the undisputed fact that Ext. P8 representation has already been considered, nothing survives for consideration in the writ Petition. Therefore, the writ petition is closed reserving the liberty of the petitioner to take appropriate legal proceedings against the report submitted by the Convener, L.L.M.C, if so advised.

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Sd/V.G.ARUN JUDGE

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WP(C).No. 31344 of 2016

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1: TRUE COPY OF THE APPLICATION FOR THE LICENCE TO OPEN A BURIAL GROUND (CEMETERY) AT MOOKKANNUR PANCHAYATH AREA VIDE APPLICATION DATED 21.04 2016. EXHIBIT-P2: TRUE COPY OF THE DOCUMENT NO.1022/2002 OF SRO, ANGAMALY. EXHIBIT-P3: TRUE COPY OF THE REPRESENTATION DATED 24.06.2008 SUBMITTED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.29142/2008 DATED 03.10.2008. EXHIBIT-P5: TRUE COPY OF THE COMMUNICATION DATED 23.12.2008 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION DATED 12.01.2010 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT-P7: TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.7446/2011 DATED 07/06/2016. EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION DATED 8/8/2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P9: TRUE COPY OF THE POSTAL RECEIPT EVIDENCING DISPATCH OF EXHIBIT-P8 TO THE 3RD RESPONDENT AND OTHERS. EXHIBIT-P10: TRUE COPY OF THE RELEVANT EXTRACT DATA BANK REGISTER RELATING TO LAND AND HELD AND POSSESSED BY YOODAPURAM CHURCH AND ENTERED IN SERIAL NO. 884 AND 891 OF THE DATA BANK REGISTER ENTRY

Fr. Jolly Thappoladath v. the Mookkannur Grama Panchayath

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Fr. Jolly Thappoladath v. the Mookkannur Grama Panchayath

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