THOMAS RODRIGUES v. STATE OF KERALA

the Corporation. It is contended that respondents 6 to 9 are carrying out the construction in violation of the statutory provisions and Ext.P3 judgment of this Court. This Court passed an interim order on

05.10.2023 directing respondents 2 to 5 to ensure that the stop memo already issued by the 4th respondent is effectively implemented.

2. The learned Standing Counsel for the Corporation has produced a copy of the order No. FCPI/2063/23 dated 20.12.2023 issued by the Corporation directing respondents 6 to 9 to stop the WP(C) NO. 32645 OF 2023 : 4 : construction of the cemetery, along with memo dated

22.12.2023.

3. The learned counsel for the petitioner submits that in view of the stop memo dated 20.12.2023, no further relief is sought for in this writ petition. Accordingly, this writ petition is disposed of in the light of the order dated 20.12.2023 of the Corporation and without prejudice to the right of the respondents 6 to 9 to challenge the said order, if aggrieved, and in accordance with law. MURALI PURUSHOTHAMAN JUDGE SB Sd/- WP(C) NO. 32645 OF 2023 : 5 : PETITIONER EXHIBITS APPENDIX Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 22.03.3023 Exhibit P2 TRUE COPY OF STOP MEMO ISSUED BY THE RESPONDENT Exhibit P3 TRUE COPY OF JUDGEMENT IN WP(C) NO. 28918 OF 2023 DATED 18.9.2023 Exhibit P4 TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT DATED, 05.09.2023 Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 27.09.2023, AS SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT ACKNOWLEDGING THE COMPLAINT Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE FORT KOCHI POLICE, DATED 27.09.2023 Exhibit P8 TRUE COPY OF PHOTOGRAPHS (4 IN NUMBERS) WITH TIME STAMP SHOWING THE ILLEGAL CONSTRUCTION CARRIED OUT BY THE RESPONDENTS 6 -8 Exhibit P9 TRUE COPY OF PHOTOGRAPHS (4 IN NUMBERS) WITH TIME STAMP SHOWING THE ILLEGAL CONSTRUCTION CARRIED OUT BY THE RESPONDENTS 6 -8 Exhibit P10 TRUE COPY OF PHOTOGRAPHS (4 IN NUMBERS) WITH TIME STAMP SHOWING THE ILLEGAL CONSTRUCTION CARRIED OUT BY THE RESPONDENTS 6 -8 Exhibit P11 TRUE COPY OF PHOTOGRAPHS (4 IN NUMBERS) WITH TIME STAMP SHOWING THE ILLEGAL CONSTRUCTION CARRIED OUT BY THE RESPONDENTS 6 -8 Exhibit P12 A TRUE COPY OF PHOTOGRAPH WITH TIMESTAMP, SHOWING THE ONGOING ILLEGAL CONSTRUCTION CONDUCTED BY RESPONDENTS 6 -8 DURING THE WP(C) NO. 32645 OF 2023 : 6 : NIGHTTIME USING EXCAVATORS Exhibit P13 A TRUE COPY OF THE EMAIL SENT BY THE PETITIONER TO THE 4TH RESPONDENT ON 28.09.2023 Exhibit P14 TRUE COPY OF COMPLAINT BY EMAIL FILED BEFORE THE 2ND RESPONDENT Exhibit P15 TRUE COPY OF THE INVITATION NOTICE ISSUED BY THE RESPONDENTS 6 & 7 IN THE WRIT PETITION Exhibit P16 TRUE COPY OF COMPLAINT BY EMAIL FILED BY THE PETITIONER BEFORE THE 2ND AND 4TH RESPONDENTS RESPONDENT EXHIBITS Exhibit- R7(a) TRUE COPY OF THE PLAINT IN O.S.NO.82/2023 OF THE MUNSIFF'S COURT, KOCHI DATED 27-03-2023. Exhibit- R7(b) TRUE COPY OF THE TEMPORARY INJUNCTION APPLICATION I.A.NO.2/2023 IN O.S.NO.82/2023 OF THE MUNSIFF'S COURT, KOCHI DATED 27-03-2023. Exhibit- R7(c) TRUE COPY OF THE COUNTER AFFIDAVIT DATED 8-4- 2023 IN I.A.NO.2/2023 IN O.S.NO.82/2023 OF THE MUNSIFF'S COURT, KOCHI. Exhibit- R7(d) TRUE COPY OF THE ORDER IN I.A.NO. 2/2023 IN O.S.NO.82 OF 2023 OF THE MUNSIFF'S COURT, KOCHI DATED 29-03-2023 ALONG WITH INJUNCTION SCHEDULE IN THAT CASE DATED 27-03-2023. Exhibit- R7(e) TRUE COPY OF THE ORDER IN I.A.NO. 2/2023 IN O.S.NO.82 OF 2023 OF THE MUNSIFF'S COURT, KOCHI DATED 13-04-2023. Exhibit- R7(f) TRUE COPY OF THE MEMORANDUM IN THE C.M.A. NO. 5 OF 2023 DATED 26-5-2023 OF THE SUB COURT, KOCHI Exhibit- R7(g) TRUE COPY OF THE ORDER IN C.M.A.NO. 5 OF 2023 DATED 26-09-2023 OF THE HON'BLE SUB COURT WP(C) NO. 32645 OF 2023 : 7 : KOCHI. Exhibit- R7(h) Exhibit- R7(i) Exhibit- R7(j) Exhibit- R7(k) Exhibit- R7(l) Exhibit- R7(m) TRUE COPY OF THE RELEVANT PAGE CONTAINING HISTORY OF SAINTS PETER AND PAUL CHURCH, AMARAVATHY, KOCHI OF THE DIOCESAN HISTORY BOOK. TRUE COPY OF THE CAVEAT NO. 205 OF 2023 DATED 03-05-2023 FILED BEFORE THE VACATION COURT (DISTRICT COURT) ERNAKULAM AGAINST THE PETITIONER BY THE RESPONDENTS 6 AND 7. TRUE COPY OF THE LETTER ADDRESSED TO THE ASST.EXECUTIVE ENGINEER, CORPORATION OF COCHIN DATED 4-10-2023 ISSUED BY THE 6TH RESPONDENT. TRUE COPY OF THE RECEIPT ISSUED ON EXHIBIT- R7(J) DATED 4-10-2023 FROM THE KOCHI MUNICIPAL CORPORATION. TRUE COPY OF THE RECEIPT ISSUED BY KOCHI CORPORATION OFFICE FOR GIVING THE EXPLANATION DATED 23-9-2023. TRUE COPY OF THE DETAILED EXPLANATION SUBMITTED ON 12-10-2023 TO THE 4TH RESPONDENT BY THE 6TH RESPONDENT THROUGH THE 7TH RESPONDENT IN THE MATTER OF STOP MEMO ISSUED TO THE 6TH RESPONDENT BY KOCHI CORPORATION. Exhibit- R7(n) TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER AND OTHERS TO THE 6TH RESPONDENT DATED 2-10-2022.