GEORGE ORTHODOX CHURCH Vs. DISTRICT TOWN PLANNER

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking direction to the 3rd respondent to forward Ext.P3 application to the 1st respondent, and for a further direction to respondent No.1 to place it before the 2nd respondent in order to pass orders on Ext.P3 application for regularization of construction of the building under the Kerala Panchayat Building (Regularization of Unauthorized Construction) Rules, 2018 [for short, 'the Rules, 2018']. Material facts for the disposal of the writ petition are as follows:

(2.) First petitioner is a Church and the 2nd petitioner is its Vicar. According to the petitioners, with the approval of the General Body meeting of the Church, an application was submitted on 30.11.2015 before the 3rd respondent Panchayat for construction of a Bible Study Centre in the Church compound. Accordingly, 3rd respondent Panchayat issued building permit, and the plan was approved, evident from Exts.P1 and P1(a). On the strength of the building permit, construction was started with the fund collected from parishioners and loans available from different sources. While construction was in progress, the 3rd respondent Panchayat issued notice to stop construction of the building on 15.04.2017, alleging that the construction was being carried out in violation of Ext.P1 building permit and some of the provisions of the Kerala Panchayat Building Rules, 2011, evident from Exts.P2 and P2(a).

(3.) On receipt of Exts.P2 and P2(a), the office bearers of the church met the 3rd respondent and enquired about the steps to be taken in future. On that basis, a revised plan was submitted and 3rd respondent Panchayat directed the petitioners to submit an application for regularization of the construction. While matters stood so, one member of the parish approached this Court, seeking direction for demolition of the Bible Study Centre constructed on the strength of the permit, alleging that there was violation of the permit and provisions of the Building Rules. However, the Church was not made a party, and therefore, the said parishioner could not get any interim order against the petitioners. Similarly, another member approached the Munsiff's Court, Chengannur also seeking demolition of the construction alleging that it is carried out in violation of the Building Rules. However, in the said suit also, no interlocutory orders are passed.