ST MARYS ORTHODOX CHURCH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking to quash Ext.P17 order passed by the State Government dated 18.01.2016, whereby the review petition preferred by the petitioner was declined by the State Government as per the provisions of the Kerala Building (Regularization of Unauthorized Construction) Rules, 2010 [for brevity, 'the Rules, 2010']. Brief material facts for the disposal of the writ petition are as follows:

(2.) The subject matter of the dispute is by and between the petitioner Church and the 6th respondent, in respect of a construction carried out by the 6th respondent. According to the petitioner, the construction is carried out by the 6th respondent in violation of certain provisions of the Rules specified above. There were several disputes by and between the petitioner and the husband of the 6th respondent. Petitioner Church has secured an injunction against the 6th respondent from flowing waste water into the property of the Church. Even though the 6th respondent and her husband filed a suit against the Church, seeking fixation of boundary, declaration of title and mandatory injunction, it was declined by the Munsiff's Court, Adoor in O.S.No.412/2000, which was confirmed by the appellate court in A.S.No.53/2008. It was based on the complaint filed by the petitioner, action was taken against the 6th respondent's husband by the Panchayat against the unauthorized construction carried out.

(3.) Thereupon, the 6th respondent preferred application seeking regularization under the Rules, 2010, which was allowed and the construction was regularized by the State Government as per Ext.P8 order dated 01.03.2012, by imposing a compounding fee of Rs.1,58,250/-. The said decision was taken by the State Government after securing report from the Chief Town Planner, evident from Exts.P11 and P12. Anyhow, the said order was challenged by the petitioner before this Court by filing W.P.(C) No.8832 of 2012, and has secured Ext.P13 judgment dated 17.08.2015, whereby Ext.P8 order is quashed for the limited purpose of re-considering the matter under Rule 7 of the Kerala Building (Regularization of Unauthorized Construction) Rules, 2010, after providing an opportunity of hearing to the petitioner, Municipality and the 6th respondent. Thereafter, petitioner has filed Ext.P14 review before the State Government and the State Government, after hearing the respective parties and drawing reports from Town Planner as well as other authorities, has passed Ext.P17 order dated 18.01.2016, affirming Ext.P8 order passed and directing the Municipality to regularize the construction carried out by the 6th respondent. It is thus challenging Ext.P17 and seeking other consequential reliefs, this writ petition is filed.