Disposed

Immaculate Conception Church v. Eloor Municipality

Kerala HC14 Aug 2023WP(C)/9987/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala dealt with a request by a church to demolish a dilapidated old cemetery wall. The Court directed the Municipal Authority to consider the demolition application upon obtaining an undertaking regarding human remains and to finalize orders after the petitioner regularizes the illegal roof structure.

What did the court decide?

The Municipal Authority is directed to consider the demolition application upon an undertaking from the petitioner regarding human remains and after the petitioner files an application for regularizat

Immaculate Conception Church Vs Eloor Municipality — Property and Title | Kerala HC (2023)

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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 N.NAGARESH

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MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945

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WP(C) NO. 9987 OF 2023

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PETITIONER:

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IMMACULATE CONCEPTION CHURCH
AGED 55 YEARS

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IMMACULATE CONCEPTION CHURCH , MANJUMMEL P.O.,
- 683 501 REPRESENTED BY ITS PRESENT VICAR FR.
TITUS KARRIKKASSERY O.C.D AGED 55 YEARS S/O.
JOSEPH., PIN - 683501
BY ADVS.
JOHN JOSEPH(ROY)
JEFRIN MANUEL

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RESPONDENTS:

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1 ELOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY , ELOOR MUNICIPAL OFFICE, ERNAKULAM DISTRICT, PIN - 683501

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2 THE SERETARY ELOOR MUNICIPALITY ELOOR MUNICIPAL OFFICE, ERNAKULAM DISTRICT, PIN - 683501 BY ADV K.S.ARUN KUMAR

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GOVERNMENT PLEADER-SMT.DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No. 9987 of 2023

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: 2 :

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JUDGMENT

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Dated this the 14^th day of August, 2023

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The petitioner’s application for demolishing of

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an old cemetery wall structure has been declined by the municipal authorities on the ground that, for removal of remnants of bodies, permission of the District Magistrate is necessary. In fact the District Magistrate also has given a communication to this effect.

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The petitioner would contend that, the parish authorities only want to remove and old dilapidated structure. The petitioner does not want to remove any remnants. The petitioner would state

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that the wall cemetery was abandoned long back in

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W.P.(C) No. 9987 of 2023

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: 3 :

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the year 1989, and after a period of more than 30

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years there is no likely to be any remnants beneath

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the structure.

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The Standing Counsel submitted that the

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petitioner has constructed a roof sheet structure over the walls of cemetery which is illegal with has to be regularized.

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Taking into consideration the afore facts of

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the case, the writ petition is disposed of with the following directions:

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As the petitioner does not want to remove any remnants of bodies from beneath the concrete structure which is sought to be removed, the respondents shall consider the application accordingly, after obtaining an undertaking from the petitioner that remnants if at all

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W.P.(C) No. 9987 of 2023

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: 4 :

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remaining will be removed from the cemetery. 2. The petitioner shall file an application for regularization of roof structure constructed in the cemetery. On receipt of such regularization application and the undertaking as directed above, the Municipal authority shall pass appropriate orders on the application for demolishing the dilapidated structure, within a period of one month.

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Sd/-

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N. NAGARESH JUDGE

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Asw

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W.P.(C) No. 9987 of 2023

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: 5 :

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APPENDIX OF WP(C) 9987/2023

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PETITIONER EXHIBITS

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Exhibit P1TWO PHOTOGRAPHS OF THE PRESENT CEMETERY
Exhibit P2TRUE COPY OF THE JUDGMENT DATED 02-12-
2019 OF THIS HON'BLE COURT IN W.P.( C )
NO. 10221 OF 2016 ( C )
Exhibit P3TRUE COPY OF THE ORDER DATED 27-01-2020
AS R-1-3211/2016 ISSUED BY THE
RESPONDENT

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Exhibit P4TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTIES OF THE PETITIONER PARISH AND
THE LOCATION OF THE CEMETERY DATED 22-
03-2021 OF THE VILLAGE OFFICER ,ELOOR.
Exhibit P5TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DATED 22-02-2023
Exhibit P6TRUE COPY OF THE APPLICATION SUBMITTED
UNDER THE RIGHT TO INFORMATION ACT
DATED 13-03-2023

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RESPONDENT EXHIBITS

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Exhibit R2( A)A true copy of the provisional order
dated 05/01/2016
Exhibit R2( B)A true copy of the notice dated
04.10.2021
Exhibit R2( C)A true copy of the letter dated
01.04.2023 bearing No. PW1 (A1) 3461/23
Exhibit R2( D)A true copy of the reply letter bearing
no. DCEKM/3852/2023-M5 dated 27.04.2023
issued by the District Collector,
Ernakulam
Exhibit R2( E)A true copy of the letter dated
12.05.2023
Exhibit R2( F)A true copy of the letter dated
24.05.2023 submitted by the petitioner

Immaculate Conception Church v. Eloor Municipality

Case brief

What is this about?

What did the court decide?

Immaculate Conception Church v. Eloor Municipality

Case brief

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