DEVA MATHA CHURCH Vs. KODAKARA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, which is a Church, has approached this Court impugning Ext.P13 order issued by the District Collector, as per which, the reference made by the 1st respondent ? Kodakara Grama Panchayath to the said Authority under the provisions of the Government Order relating to the maintenance and Protection of communal harmony, has been rejected, not on account of any suspicion of breach of peace and tranquility in the area if the Church is allowed to make construction as per their request, but solely on the ground that an illegal cemetery is being operated and that this is likely to cause prejudice to the residents of the said area.

(2.) The Church, through their learned Senior Counsel, Shri.Nandakumara Menon, instructed by Shri.Abraham Thomas, submits that the District Collector has traversed beyond the jurisdiction vested on him under the applicable Government Order, since the said Authority could have only considered whether the request of the Church would cause communal disharmony in the area and not whether it complies with the Building Rules and such other provisions of law. The learned Senior Counsel further submits that, in any event of the matter, this issue has now become irrelevant because the only objectors to the petitioner - Church, namely respondents 6 and 7, have now sold their properties to the church and are no longer residing in the locality. The learned Senior Counsel, therefore, prays that Ext.P13 be set aside and the District Collector be directed to reconsider the matter strictly in terms of the applicable circular issued by the Government.

(3.) The learned counsel appearing for respondents 6 and 7, Shri.Ajith Vishwanathan, affirms the aforementioned submissions of the learned Senior Counsel, that his clients have sold their respective properties to the Church and that they are not residing in the locality. He says that he has nothing further to comment in this matter on account of such developments.