Mini Annie Jacob vs The District Collector on 6 September, 2007

       

  

  

 
 
  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