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    St. Raphael'S Church Laymen Association v. State Of Kerala

    JUDGMENT

    Petitioner is an association of Parisianer's of the St. Raphael's Church at Ezhupunna. Petitioner submits that a decision has been taken by respondents 1 and 2 to declare the said Church as an ancient monument under the Kerala Ancient Monument and Archaeological Sites and Remains Act, 1968. But that decision will come in to effect only when a notification is published by the first respondent as required under Section 4(3) of the Act in the official gazette. Petitioner complains of delay in publication of the said notification, Petitioner therefore, seeks the following reliefs:

    “(a) issue a writ of mandamus or such other writ or order directing the 1st and 2nd respondents to notify Ext. P3 decision declaring the St. Raphael's Church, Ezhupunna, as a protected monument under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1968.

    (b) issue a writ mandamus or such other writ or order directing the 1 and 2 respondents to take all steps to declare the St. Raphael's Church, Ezhupunna as a protected monument under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1968.

    (c) issue such other writ or order which this Hon'ble Court may be deem fit and proper in the facts and circumstances of this case.”

    2. I directed the learned Government Pleader to get instructions as to whether a decision has been taken by the first respondent to declare the said Church as an ancient monument under the Act. Today, the Government Pleader submits that such a decision has been taken and that the formal notification u/s. 4(3) has not yet been published.

    3. In the above circumstances I dispose of this writ petition with a direction to the first respondent to see the process of declaring the Church as ancient monument is taken to its logical conclusion by completing the publication of the order declaring the same as an ancient monument under Section 4(3) of the Act, as expeditiously as possible, at any rate, within 2 months from the receipt date of of a copy of this judgment.

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    St. Raphael'S Church Laymen Association v. State Of Kerala
    (Feb 24, 2012)