Writ petition filed by a pastor was dismissed by the High Court of Kerala at Ernakulam due to the petitioner's failure to appear and submit any representation when called upon.
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 DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 21881 OF 2023
PETITIONER:
JOSE ZACHARIA @ JOSE Z AGED 39 YEARS, S/O.ZAKARIYA,PASTOR, KRIBASANAM CHURCH, KRIPA KUNNU,PALELI, KATTAKADA P.O. VEERANAKAVU VILLAGE, THIRUVANANTHAPURAM, PIN - 695543 BY ADVS. JOHN JOSEPH(ROY) SABIR N.S.
RESPONDENTS:
3 ANNOOP KUMAR AGED 61 YEARS, FATHER NAME NOT KNOWN, POOVACHAL GRAMA PANCHAYATH MEMBER, NAVETTIKONAM, KATTAKADA P.O., THIRUVANANTHAPURAM- 695 572. 4 SATHYA KUMAR AGED 54 YEARS, FATHER NAME NOT KNOWN, KOTTAKUZHI, CHAMAVILA, KATTAKADA P.O. THIRUVANANTHAPURAM - 695 572. 5 JESSILY AGED 65 YEARS, FATHER NAME NOT KNOWN, KRIPA KUNNIL VEEDU, PALELI, VEERANAKAVU VILLAGE,KATTAKADA P.O., THIRUVANANTHAPURAM - 695 572. 6 BINDHU AGED 44 YEARS, W/O.LATE ARULDAS, III A,DEVI NAGAR, MANNAMMOOLA, PEROORKADA, PEROORKADA VILLAGE, THIRUVANANTHAPURAM - 695 005 7 JASEENDA AGED 68 YEARS, W/O.GEORGE,
W.P.(C) No. 21881 of 2023
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MAVUVILAKUNNIL VEEDU, PALELI, VEERANAKAVU VILLAGE, KATTAKADA P.O., THIRUVANANTHAPURAM- 695 572 8 THE STATION HOUSE OFFICER KATTAKADA POLICE STATION, KATTAKADA P.O., THIRUVANANTHAPURAM, PIN - 695 572, BY ADVS. VISHNU BHUVANENDRAN P.M.JOHNY ADV RAJESH R.B B.ANUSREE(K/000951/2016)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 21881 of 2023
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JUDGMENT
Even though this matter was called more than twice today, there was no representation for the petitioner. I, therefore, suspect that the petitioner is not interested in prospecting this matter any further. Accordingly, this writ petition is dismissed for default.
Sd/DEVAN RAMACHANDRAN JUDGE
anm
W.P.(C) No. 21881 of 2023
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APPENDIX OF WP(C) 21881/2023
| PETITIO | NER EXHIBITS | |
|---|---|---|
| Exhibit | P1 | A ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES OF THE CHURCH |
| Exhibit | P2 | TRUE COPY OF THE QUICK PAYMENT RECEIPT SHOWING THE TAX EXEMPTION OF THE CHURCH BUILDING |
| Exhibit | P3 | TRUE COPY OF THE SALE DEED NO. 1891/1996 DATED 05-08-1996 OF THE SRO KATTAKADA EXECUTED IN FAVOUR OF THE THEN PASTOR SRI. DASAYYA |
| Exhibit | P4 | TRUE COPY OF THE TAX PAYMENT RECEIPT DATED 25-04-2022 OF VEERANAKKAVU VILLAGE OFFICER IN RESPECT OF THE ABOVE STRIP OF LAND |
| Exhibit | P5 | TRUE COPY OF THE POSSESSION CERTIFICATE NO.75099240 DATED 24-01-2023 OF VEERANIKKAVU VILLAGE IN RESPECT OF THE 8.250 CENTS OF PROPERTY. |
| Exhibit | P6 | TRUE COPY OF THE NOTICE DATED 17-12-2022 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit | P7 | TRUE COPY OF THE REPORT PREPARED ON THE ALLEGED COMPLAINT DATED 17-12-2022 OF THE VILLAGE OFFICER. |
| Exhibit | P8 | TRUE COPY OF THE REPLY TO THE 1ST RESPONDENT ON 23-12-2022 BY THE COUNSEL OF THE PETITIONER |
| Exhibit | P9 | TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DY. S.P. DATED 24-02-2023 |
| Exhibit | P10 | TRUE COPY OF THE COMPLAINT BEFORE THE SECRETARY OF KERALA WATER AUTHORITY DATED 30-03-2023 |
| Exhibit | P11 | TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE SECRETARY OF KERALA WATER AUTHORITY DATED 19-06-2023 UNDER RTI ACT |
| Exhibit | P12 | TRUE COPY OF THE SUIT O.S.NO.184 OF 2022 FILED BY THE PETITIONER |
JOSE ZACHARIA
THE POOVACHAL GRAMA PANCHAYATH
THE ASST. EXECUTIVE ENGINEER KERALA WATER AUTHORITY
ANNOOP KUMAR
SATHYA KUMAR
JESSILY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
