High Court Kerala High Court

Rev.Fr.Sebastian … vs District Collector on 26 March, 2008

Kerala High Court
Rev.Fr.Sebastian … vs District Collector on 26 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32511 of 2007(U)


1. REV.FR.SEBASTIAN MUNDUMOOZHIKARA,
                      ...  Petitioner
2. P.K.KURUVILA, S/O.KURUVILA,

                        Vs



1. DISTRICT COLLECTOR, KOTTAYAM.
                       ...       Respondent

2. REVENUE DIVISIONAL OFFICE, PALA.

3. THE TRAFFIC ADVISORY COMMITTEE,

4. BHARANANGANAM PANCHAYATH

                For Petitioner  :SRI.ABRAHAM MATHEW (VETTOOR)

                For Respondent  :SRI.SHAJI THOMAS PORKKATTIL

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :26/03/2008

 O R D E R
                     PIUS C.KURIAKOSE,J
           =========================
                    W.P.(C).No.32511 of 2007
            ==========================
              Dated this the 26th day of March, 2008


                           JUDGMENT

Even though detailed counter affidavit have been filed by

the respondents in this case, I am of the view that, in view of the

obvious position that the Traffic Advisory Committee took Ext.P1

decision without hearing the petitioner church, the committee

should reconsider the matter. The petitioner church has

submitted Ext.P4 representation before the District Collector.

I dispose of the writ petition directing the first respondent to

make over Ext.P4 to the second respondent who will place it

before the Traffic Advisory Committee immediately. The second

respondent on receiving Ext.P4 will immediately convene a

meeting of the Traffic Advisory Committee and issue hearing

notice to the petitioners and also to all the respondents including

additional respondents in this case. Fresh decision on the issue

covered by Ext.P1 will be taken, taking into account various

aspects highlighted by the petitioners in Exts.P3 and P4 and in

the light of the grounds which are raised herein. Fresh decision

as directed above shall be taken by the concerned at the earliest

W.P.(C).No.32511/2007
2

and at any rate, within one month from the date of receipt of a

copy of this judgment and copy of this writ petition.

Considering the above directions the interim order dated

1.11.2007, issued by this Court, will continue till a decision is

taken as directed above.

PIUS C.KURIAKOSE,JUDGE

dvs