IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 11520 of 2006(U) 1. MINI ANNIE JACOB, D/O.LATE JACOB V.I., ... Petitioner Vs 1. THE DISTRICT COLLECTOR, ... Respondent 2. ST. MARY'S ORTHODOX CHURCH, 3. THE TRUSTEE, 4. THE SECRETARY, For Petitioner :SRI.A.V.THOMAS For Respondent :SRI.K.K.JOHN The Hon'ble MR. Justice PIUS C.KURIAKOSE Dated :06/09/2007 O R D E R PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 11520 OF 2006 ----------------------------------- Dated this the 6th day of September, 2007 JUDGMENT
Counsel for the petitioner submits that on the basis of the detailed
interim order passed in this case, the body of the petitioner’s father was
buried in a cellar and on that view of the matter , the Writ Petition has
become infructuous. Mr.K.K.John, learned counsel appearing for
respondents 2 to 4 submits that the above interim order was passed
without notice to respondents 2 to 4. It is not fair on the petitioner’s part
to obtain such an order behind the back of the respondents, and now to
say that the Writ Petition can be closed as infructuous.
I do find merit in the submission of Mr.K.K.John. However, the
fact remains that the main relief sought in the Writ Petition, rightly or
wrongly stands granted. I dismiss the Writ Petition making it clear that
the grant of the interim order by this Court will not be treated as a
reflection on the merits of the grounds raised in the Writ Petition. The
grant of the interim order in respect of the petitioner’s father’s dead body
will not be cited by anybody else as a precedent.
PIUS C. KURIAKOSE, JUDGE btt WPC 2