Petitioner approached this Court against illegal expansion of a 'cross' on the side of the panchayath road. Petitioner submits that the panchayath has not taken any action against the erection of the 'cross'. Petitioner approached this Court seeking a direction to the panchayath to take action.
2. In this matter, statement and additional statement has been filed by the panchayath. It is stated that cross has been put up by Allapra Saint Jacob, Jacobite Church in 2 cents. It is further submitted that this structure was in existence for the last several years. If any place is used for worship, District Collector has to take decision in the matter. Petitioner’s case is against expansion of illegal structures. If the cross was erected and was in existence there for several years, unless it is warranted that it causes any threat, it need not be removed. However, any expansion thereon shall be with the permission of the District Collector in terms of Manual of Guidelines to 'Prevent and Control Communal Disturbances and to Promote Communal Harmony', 2005 issued by the Government of Kerala. Therefore, District Collector Ernakulam W.P(C).No.29376 of 2014V 2 shall take appropriate decision against any illegal expansion or using place of worship by the Allapra Saint Jacob, Jacobite Church after hearing the petitioner and above church authorities. The District Collector shall take decision in the matter after hearing the petitioner, church authorities and panchayath within a period of two months from the date of receipt of a copy of this judgment. District Collector shall also ensure that no further encroachment is made in the panchayath property by the church authorities.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/22/12/14