ST.SEBASTIANS CHURCH Vs. THE SECRETARY

JUDGEMENT

(1.) The appellant is the writ petitioner challenging the judgment dated 28.01.2019, whereby the filed by the appellant was dismissed by the learned Judge. The challenge of the St.Sebastian Church was to the order dated 22.12.2018 (Ext.P4), whereby the Church authorities was directed by Secretary of the Elakunnapuzha Grama Panchayat to surrender the encroached land to the extent of 3.08 Ares comprised in Survey No.500/10, which is recorded as puramboke vazhi (pathway).

(2.) The proceeding for clearance of the encroachment over the Panchayat land was on the basis of the O.P.No.1633 of 2009, filed by the 2 nd respondent T.S.Shineson before the Ombudsman for Local Self Government Institutions with the allegation that the Church has encroached into the Panchayat property. The said petition was disposed of by the Ombudsman by the order dated 20.08.2011, directing the Secretary of the Elakunnapuzha Grama Panchayat to measure the land and to finalise the proceeding, within a specified time frame.

(3.) When the aforesaid direction of the Ombudsman was ignored, the 2 nd respondent T.S.Shineson filed the W.P(C).No.18966 of 2018 complaining of the inaction of the Panchayat authorities with the direction issued by the Ombudsman. The said Writ Petition, where the St. Sebastian's Church was arrayed as the 7th respondent, was disposed of on 17.07.2018 (Ext.P1), commenting on the unreasonable inaction of the Panchayat authorities and the Secretary of the Panchayat was directed to take immediate steps to implement the order of the Ombudsman.