Disposed

Thilakan V.K. v. District Collector

Kerala HC13 Nov 2018WP(C)/8761/2018

Case brief

AI extract

What is this about?

Writ petition seeking direction for public hearing before District Collector and Panchayat regarding application to convert residential building to prayer hall. Court disposed of petition directing authorities to ensure hearing within three months.

What did the court decide?

Directed authorities to consider representations and adjudicate the issue within three months after providing notice of hearing.

Thilakan V.K. Vs District Collector — Public Procurement and Tenders | 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 SHAJI P.CHALY

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TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

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WP(C).No. 8761 of 2018

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PETITIONER:

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THILAKAN V.K. AGED 76, S/O. KRISHNAN, VADASSERY HOUSE, JANATHA ROAD, CHERAI, ERNAKULAM DIST. BY ADVS. SRI.R.KRISHNA RAJ SMT.E.S.SONI SMT.KUMARI SANGEETHA S.NAIR

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RESPONDENTS:

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1 DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM. PIN-682 030

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2 PALLIPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,CHERAI P.O., ERNAKULAM, PIN-683 514

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3 JOHNSON DEVASSY S/O. DEVASSY, CHAKKUNGAL, CHERAI P.O. - 683 514.

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4 CIRCLE INSPECTOR OF POLICE NJARAKKAL POLICE STATION, NJARAKKAL, PIN-682 505

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R1 AND R4 BY SRI. PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER R2 BY T.A SHAJI (SR.) SRI. ATHUL SHAJI SRI.P.T.GIRIJAN SRI.S.ABHILASH VISHNU SMT.USHA NARAYANAN SRI. N. SUBRAMANIAM R3 BY SRI. M.S NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8761 of 2018 2

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:

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a) “Direct the District Collector to conduct public hearing before taking any action in the application submitted by the 3^rd respondent for converting the residential building No.19/405 situated in Ward No. 19 of Pallipuram Grama Panchayat and strictly follow the guidelines on Communal Harmony after taking into account the objections raised by the residents of the locality by the issue of a writ of mandamus or such writ or order or direction.

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b) Direct the Panchayat not to consider the application submitted by the 3^rd respondent for change of classification of the building from residential to place of worship till a decision is taken by the District Collector in the application submitted by 3^rd respondent before the District Collector by the issue of writ of mandamus or such other writ or order or direction.

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c) Direct the Panchayat to conduct a public hearing before taking any decision in the application submitted by the 3^rd respondent for converting the classification of the building No.19/405 from residential to place of worship by the issue of a writ mandamus or such other writ or order or direction.”

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Various contentions are raised by the

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petitioner, with respect to the illegality in proposing to have a prayer hall in the property in question.

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WP(C).No. 8761 of 2018 3

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The 3rd respondent has filed a detailed

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counter affidavit also refuting the allegations,

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claims and demands raised by the petitioner.

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According to the 3^rd respondent, permission is sought

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for from the District Collector to start the prayer hall.

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A Counter affidavit is filed by the 1^st

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respondent enumerating the circumstances and also

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stating that the applications submitted by the 3^rd

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respondent is pending consideration before the District Collector, and a decision will be taken only after hearing all concerned.

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Having regard to the facts and circumstances of the case, and hearing the respective counsel across the Bar, the writ petition is disposed of,

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recording that the District Collector will only pass orders after hearing all concerned, and there will be a direction accordingly. In that process

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representations submitted by the 3^rd respondent shall be considered, and adjudicate and finalise the issue, at the earliest possible, and at any rate within three months after providing notice of hearing to the

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WP(C).No. 8761 of 2018 4

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petitioner and 3^rd respondent either personally, or by issuing public notice.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

WP(C).No. 8761 of 2018 5

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1. COPY OF THE REPRESENTATION DATED 27.07.2016 EXHIBIT P2. COPY OF THE ORDER OF THE PANCHAYATH DATED 17.08.2016 EXHIBIT P3. COPY OF THE REPRESENTATION DATED 25.10.2016 EXHIBIT P4. COPY OF THE NOTICE OF THE DISTRICT COLLECTOR DATED 18.12.2017 EXHIBIT P5. COPY OF THE OBJECTION OF THE PETITIONER DATED NIL EXHIBIT P6. COPY OF THE LETTER OF THE HOME SECRETARY DATED 23.06.2008 EXHIBIT P7. COPY OF THE LETTER OF THE PANCHAYATH DATED 07.10.2016 EXHIBIT P8. COPY OF THE PHOTOGRAPH DATED NIL EXHIBIT P9 COPY OF THE PHOTOGRAPH DATED NIL. EXHIBIT P10 COPY OF THE PHOTOGRAPH DATED NIL. EXHIBIT P11 COPY OF THE PHOTOGRAPH DATED NIL.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R3 A TRUE COPY OF THE TRUEST DEED DATED 1.11.2016. EXHIBIT R3 B TRUE COPY OF THE ORDER DATED 12.8.2016 ISSUED BY THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), KOCHI. EXHIBIT R3 C TRUE COPY OF SALE DEED NO.1905 OF 2015 OF THE SRO KUZHUPPILLY DATED 9.11.2015. EXHIBIT R3 D TRUE COPY OF THE LIST OF NAMES OF THE PERSONS AND THE DISTANCE OF THEIR RESIDENCE FROM THE BUILDING.

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//TRUE COPY // JS PA TO JUDGE

Thilakan V.K. v. District Collector

Case brief

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Thilakan V.K. v. District Collector

Case brief

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