- 1 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17050 OF 2016 (LB-BMP) BETWEEN: 1. ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST ARCHBISHOP'S HOUSE NO.75, MILLER'S ROAD, BENSON TOWN BENGALURU-560 046 REPRESENTED BY ITS SOLE TRUSTEE PRESENTLY MOST REV. DR. PETER MACHADO. 2. 2(a) REV. FR. JOSEPH PUTHIAPARAMBIL AGED 72 YEARS, S/O THOMAS PUTHIAPARAMBIL, SFSPU COLLEGE, TAMAKA KOLAR - 563 103. SINCE DEAD REPRESENTED BY HIS LR'S MR. P.T. JACOB S/O. LATE MR. P.C. THOMAS PUTHIYAPARAMPIL & BROTHER OF PETITIONER NO.2 AGED ABOUT 75 YEARS, R/AT PUTHIYAPARAMBIL, VELICHIYANI PARATHODU, EDAKKUNNAM PO PARATHODE DISTRICT KOTTAYAM KERALA - 686 512. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 2.(b). SR. MARY TOM F.C.C. D/O. MR. P.C. THOMAS & SISTER OF DECEASED PETITIONER NO.2 AGED ABOUT 73 YEARS, R/AT Q.NO.112, ST. XAVIER'S SCHOOL SEC-1 C, BOKARO STEEL, BOKARO, JHARKHAND-827 001. 2.(c). MRS. ALICE VARGHESE W/O. MR. D .VARGHESE D/O LATE MR. P.T. SCARIA AND NIECE OF DECEASED PETITIONER NO.2 AGED ABOUT 69 YEARS, R/AT KOLLIKULAVIL, KARIKULAM KOOVAPPALLY P O VILLAGE EDAKKUNNAM, KOTTAYAM, KERALA-686 518. 2.(d). REV FR. PUTHIAPARAMPIL SCARIA ABRAHAM S/O. LATE MR. P.T. SCARIA & NEPHEW OF DECEASED PETITIONER NO.2 AGED ABOUT 63 YEARS, R/AT PUTHIAPARAMBIL KANAMALA P O MUKKOTTUTHARA VIA, KOTTAYAM, KERALA - 686 510. 2.(e). MR. TOM P SCARIA PUTHIAYAPARAMBIL S/O LATE MR. P.T. SCARIA & NEPHEW OF DECEASED PETITIONER NO.2 R/AT KANAMALA PO MUKOOTTUTHARA KOTTAYAM DIST, KERALA - 686 510. 2.(f). MRS. ANCYKUTTY P S D/O LATE MR. P.T. SCARIA & NIECE OF DECEASED PETITIONER NO.2 R/AT PULLATTU, KOLLAMULA CHATHENTHARA PO PATHANAMTHITTA DISTRICT - 3 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 KERALA - 686 510. 2.(g). MR. JOY THOMAS S/O LATE MR. P.T. THOMAS PUTHIYAPARAMPIL & NEPHEW OF PETITIONER NO.2 AGED ABOUT 54 YEARS, R/AT PARATHODU P O VELICHIYANY EDAKKUNNAM, PARATHODE KOTTAYAM, KANJIRAPPALLY KERALA - 686 512. 2.(h). REV FR. JOSE THOMAS S/O LATE MR. P.T. THOMAS & NEPHEW OF DECEASED PETITIONER NO.2 AGED ABOUT 58 YEARS, R/AT PUTHIYAPARAMBIL, VELICHIYANI PARATHODU P O EDAKKUNNAM DISTRICT KOTTAYAM KERALA - 686 512. 2.(i). MRS. LOVELY ELIZABETH THOMAS D/O. LATE MR. P.T. THOMAS & NIECE OF DECEASED PETITIONER NO.2 AGED ABOUT 38 YEARS, R/AT MANIKOMPEL, ANCHILIPPA NEAR POST OFFICE, ANCHILIPPA KANJIRAPPALLY, KOTTAYAM MANNARAKAYAM, KERALA - 686 506. 2.(j). MRS. MARYKUTTY JAYS D/O. LATE MR. P.T. THOMAS & NIECE OF DECEASED PETITIONER NO.2 AGED ABOUT 53 YEARS R/AT KRA NO.24, NADUTHOTTIYIL HOUSE KARIPPAI ROAD, KALAMASSERY KALAMASSERY - 683 104. - 4 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 2.(k). MRS. SALINI JAMES D/O. LATE MR. P.T. THOMAS & NIECE OF DECEASED PETITIONER NO. 2 AGED ABOUT 53 YEARS, R/AT B705, LOTUS, GAWANBAUG, POKHRAN ROAD 2 NEAR UPVAN LAKE, KOKANIPADA, THANE, MAHARASHTRA - 400 610. 2.(l). MR. TOM THOMAS PUTHIAPRAMPIL S/O LATE MR. P.T. THOMAS & NEPHEW OF DECEASED PETITIONER NO.2 AGE : MAJOR, NO.16, 2B, CROSS, 7TH MAIN, 2ND PHASE, J.P. NAGAR, BENGALURU. 2.(m). MRS. ALEYKUTTY THOMAS W/O LATE MR. P.T. THOMAS & SISTER IN LAW OF DECEASED PETITIONER NO.2 AGE: MAJOR, R/AT PARATHODU P O VELICHIYANY, EDAKKUNNAM, PARATHODE KOTTAYAM, KANJIRAPPALLY KERALA - 686 512. …PETITIONERS (BY SRI. S. MANJUNATH, ADVOCATE) AND: 1. THE COMMISSIONER BBMP, NEW CORPORATION OFFICES HUDSON CIRCLE, BENGALURU - 560 002. 2. THE COMMISSIONER OF POLICE BANGALORE CITY 2, INFANTRY ROAD, BENGALURU - 560 001. - 5 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 3. THE INSPECTOR MAHADEVAPURA POLICE STATION BENGALURU - 560 048. 4. THE JOINT COMMISSIONER MAHADEVAPURA ZONE, BBMP BENGALURU - 560 048. 5. THE ASSISTANT DIRECTOR OF TOWN PLANNING MAHADEVAPURA ZONE, BBMP BENGALURU - 560 048. 6. THE ASSISTANT EXECUTIVE ENGINEER MAHADEVAPURA DIVISION, BBMP BENGALURU - 560 048. 7. THE JUNIOR ENGINEER TOWN PLANNING MAHADEVAPURA DIVISION, BBMP BENGALURU - 560 048. 8. M/S NEELADRI GROUP OF COMPANIES M/S NEELADRI SMART HOMES PVT LTD., NO.1299 C, 1ST A CROSS, 1ST MAIN, OPPOSITE POORNA PRAJNA EDUCATION CENTRE NEW THIPPASANDRA HAL 3RD STAGE BENGALURU - 560 075. ALSO AT NEELADRI PARADISE NO.83/1, CHIKKABAIYYA LAYOUT NAKKUNDI ROAD, GARUDACHARAPALYA, BENGALURU - 560 048 REPRESENTED BY ITS MANAGING DIRECTOR SRI MANJUNATH RAMAIAH. 9. B.V. BASAVARAJ NEELADRI PARADISE - 6 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 NO.83/1, CHIKKABAIYYA LAYOUT NAKKUNDI ROAD, GARUDACHARAPALYA BENGALURU - 560 048. …RESPONDENTS (BY SMT. CHANDINI S., HCGP., FOR R.2 AND R.3; SRI. PAWAN KUMAR, ADVOCATE FOR R.1, R.4 TO R.7; SRI. S.D.N. PRASAD, ADVOCATE FOR R.8; R.9: SERVED.) THIS W.P. IS FILED UDNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT IN THE NATURE OF WRIT OF MANDAMUS TO RESPONDENTS TO RESTORE SCHEDULE 'B' PROPERTY OF THE PETITIONER TO ITS ORIGINAL CONDITION WITH THE COMPOUND WALL AND GATES ON THE SOUTHERN, NORTHERN AND EASTER SIDE AS THEY EXISTED BEFORE THEIR DEMOLITION BY THE RESPONDENT NOS.8 & 9 ON 04.11.2012, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 7 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 ORAL ORDER 1. This writ petition is filed against the respondents, which includes private respondents, alleging that a wall constructed by the petitioners has been illegally demolished by the respondents and the following prayers are made: "A. The petitioner prays this Hon'ble Court may issue a writ, order or direction in the nature of a Writ of Mandamus to respondents to restore Schedule B Property of the petitioner to its original condition with the compound wall and gates on the southern, northern and eastern side as they existed before their demolition by the respondents 8 & 9 on 04.11.2012. B. Issue a writ of certiorari declaring the road construction on the Schedule B Property illegal and violative of the Petitioner's property rights. C. Issue a writ of prohibition to the respondents not to ever again illegally interfere with the Schedule B Property of the Petitioner. D. Grant the Petitioner such other relief as this Hon'ble Court deems just and proper under the facts and circumstances of this case." - 8 - HC-KAR NC: 2026:KHC:15008 WP No. 17050 of 2016 2. The nature of lis between the parties involves disputed question of facts which cannot be decided by this Court in exercise of its powers under Article 226 of the Constitution of India. If the petitioners have any right against the respondents, they are required to establish the same before a Civil Court. 3. For the aforementioned reason, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the appropriate Civil Court in accordance with law. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 42