Writ petition alleging unauthorized cemetery construction by a church was dismissed as withdrawn after petitioner sought fresh filing pending RTI information disclosure.
Writ petition dismissed as withdrawn; liberty granted to file a fresh writ petition upon obtaining RTI information.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
WP(C).No.634 OF 2020(D)
PETITIONER/S:
MANALAYAM RESIDENTS ASSOCIATION, MANALAYAM, KODUNGANNUR.P.O., THIRUVANANTHAPURAM695013, REPRESENTED BY ITS SECRETARY, MERCY JOHN, AGED 65 YEARS, WIFE OF JOHN, NAVEENA BHAVAN, PALAYAMKOTTUKUZHY, MANALAYAM, KODUNGANNUR.P.O., THIRUVANANTHAPURAM-695013.
BY ADVS. SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.P.S.GIREESH SRI.RIYAL DEVASSY SHRI.DR.ABHILASH O.U.
RESPONDENT/S:
1 THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, LMS VELAYAMBALAM ROAD, OPPOSITE UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
2 THE SECRETARY, THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE, LMS VELAYAMBALAM ROAD, OPPOSITE UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
R1-2 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R1-2 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.634 OF 2020(D)
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JUDGMENT
The Writ Petition was filed alleging illegal and unauthorised construction of a cemetery by the third respondent church, without obtaining permission/licence.
Today again, an adjournment has been sought to produce information with regard to the illegal construction without permit, which has been obtained under Right to Information Act. I am afraid, such type of requests cannot be adhered to for adjudication of the Writ in the absence of any material particulars. Therefore, granting liberty to the petitioner to file a writ petition afresh as and when such information in support of the averments in the Writ Petition is obtained, this writ petition is dismissed as withdrawn.
Sd/-
AMIT RAWAL, JUDGE
kkj/06.06.2020
WP(C).No.634 OF 2020(D)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMPLAINT DATED 11.11.2019 SUBMITTED BY PETITIONER TO 2ND RESPONDENT WITH ITS TRUE ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO.0058039 DATED 14.11.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER WITH ITS TRUE ENGLISH TRANSLATION.
MANALAYAM RESIDENTS ASSOCIATION
THIRUVANANTHAPURAM CORPORATION
ST. GEORGE ORTHODOX CATHEDRAL CHURCH
AMIT RAWAL
As recorded by the court registry
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