High Court Kerala High Court

Fr.Antony Pathil vs Union Of India on 6 March, 2007

Kerala High Court
Fr.Antony Pathil vs Union Of India on 6 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7384 of 2007(D)


1. FR.ANTONY PATHIL, ST.THOMAS CHURCH,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY THE
                       ...       Respondent

2. BHARAT SANCHAR NIGAM LIMITED,

3. GENERAL MANAGER,

4. DIVISISONAL ENGINEER,

                For Petitioner  :SRI.S.M.PREM

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :06/03/2007

 O R D E R
               THOTTATHIL B.RADHAKRISHNAN, J

                       -------------------------------------------

                         W.P(C).No.7384 OF 2007

                      -------------------------------------------

                 Dated this the 6th  day of March, 2007




                                  JUDGMENT

The petitioner is a Priest. As the Vicar of the Church, he

filed W.P(C).28211/05, seeking a direction to the BSNL to

commence operation of land line telephone exchange in a

building constructed in the property belonging to the Church on

the allegation that the said building was constructed as

requested by the BSNL and that the BSNL had paid rent for a

few months. This Court dismissed that writ petition holding that

in the realm of contracts even if the petitioner has any right to

relief on an alleged breech of contract it is beyond the realm of

the writ court. That judgment was dated 4.10.2005. Two

persons, thereafter, filed W.P(C).1289/06. Learned counsel for

the department submits that the first petitioner in that writ

petition was appearing as a counsel for the petitioner in W.P(C).

28211/05. In W.P(C).1289/06, the request was for a direction to

establish a telephone exchange at Mavady, as originally

proposed. That writ petition ended in the judgment dated

WPC.7384/07

Page numbers

30.1.2006, disposing it off. It obviously shows that it was

nothing but the old wine in a new bottle and was not materially

different from the objectives sought to be achieved by W.P(C).

28211/05. Now this writ petition is filed through yet another

lawyer, obviously even without properly instructing him

regarding the filing and results of the earlier writ petitions. In

this writ petition directions are sought for to consider certain

representations which are placed on record, voicing the selfsame

request that led to the earlier writ petitions. Repeated scouting

of the writ court is something that the Priest, the petitioner

ought to have avoided since the office that he holds as a

depository of trust and confidence among the common people

requires into act much better. I am inclined to impose very

heavy cost on the petitioner. Since the petitioner is a Vicar of

the Church, I hold back myself from imposing any order of costs.

The writ petition is dismissed.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.