1963 M a r c h 19, 1964 Oct 21 [ZEKIA, Ρ, VASSILIADES, T R I A N T A F Y L L I D E S , M U N I R AND JOSEPHIDES, J J . ] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION ANTONIUS PlLAVAKI ANTONIOS PlLAVAKI ANDOTHERS, AND O T H E R S and THE REPUBLIC OF C Y P R I S, THROLGH— (
- a)T H E DISTRICT OrncFH oi L I M A S S O L Applicants, and THE REPUBLIC OF CYPRUS, THROUGH— (
- a)THE DISTRICT OFFICER OF LIMASSOL (
- b)ALEXANDROS IOANNOU CHAIRMAN OF THE VILLAGE COMMITTEE OF PHINI, (
- b)ALFXANDROS Respondent IOANNOU CHAIRMAN (Case No 194/62) OI TUT \ n ι ACI COMMITTTT oi Pm Μ Immovable propeity—Property donated jor the benefit oj the inhabitants of a village; not devoted to the purpose—Com plaint jor—Not communal property within section 19 of the Immovable Property (Tenure, Registration and Valuation) Law, Cap 224—A case which " concerns only the eventual use of theproperty andnot its nature "—Action taken byVil lage Commission not a matter within ambit of Article 146 Constitutional and Administrative Law—Article 146 of the Con stitution—Public law and Private law—In this case the Vil lage Commission has not acted, even if its action was approved by the District Officer of Limassol, as an organ of admini stration m the sphere of public law—Therefore anycomplaint concerning that action is not a matter to be determined through a recourse under Article 146 of the Constitution The applicants in this recourse, who are inhabitants of the village of Plum, complain that the property the subjectmatter of this case, has not been devoted to the purpose, viz the erection of a market, for which it was donated and registered in 1942in the name of the Chairman of theVil lage Commission for the benefit of the inhabitants Held,
(1)m all the circumstances surrounding the said transaction and consequent registration in 1942, the Court is satisfied that this is nota case where theproperty in ques tion was, either before the said registration, or has become, by \irtue of such registration, communal property within tne meaning of section 19of the Immovable Property (Tenure, Registration and Valuation) Law, Cap 224 VA
(2)It is a case where the aforesaid property, being private property, was registered in the name of the Chairman of the Village Commission for a communal purpose, but this, as it was effected in this case, concerns only the eventual use of the property and not its nature. 1963 March | ) , 1961
(3)In taking the course complained of in this case the Village Commission has not acted, even if its action was approved by the District Officer Limassol, as an organ of administration in the sphere of public law, and any com plaint concerning any action taken by it is not a matter to be determined through a recourse under Article 146 ; it is a matter which may possibly give rise to proceedings for breach of trust or otherwise before a civil court, a thing on which the Court at this stage expresses no opinion in any way. Application dismisse#ι Each party to bear owri*-costsfor to-day. Applicants to pay the Republic £10 costs towards costs incurred at previous sta ges of the proceedings. Recourse. AND OTIU:HS Oct. 23 ANTONIOS ΡILAVA·'."I Recourse against the refusal of the respondent to devote the property, the subject matter of the case, to the purpose, viz. the erection of a market, for which it was dorX)ed and registered in 1942 in the name of the Chairman of t h e ^ i l l a g e Commission of Phini for the benefit of the inhabitants. Chr. P. Mitsides, for the applicants. K. C. Talarides, Counsel for the Republic, for t h e respondent. ZEKIA, P. : T h e judgment of the Court will be delivered by Mr. Justice Triantafyllides. TRIANTAFYLUDES, J. : In this Case the applicants, who are inhabitants of the village of Phini, complain that the property, the subject-matter of the Case, has not been devoted to the purpose, viz. the erection of a market, for which it was donated and registered in 1942 in the name of the Chairman of the Village Commission for the benefit of the inhabitants. In all the circumstances surrounding the said transaction and consequent registration in 1942, the Court is satisfied 165 and THE REPUBLIC OF CYPRUS, THROUGH— (
- a)T H E DISTRICT OFFICER OF LIMASSOL (
- b)ALEXANDnOS IOANNOU CHAIRMAN OF THE VILLAGE COMMITTEE OF PHINI 1963 March 19, 1964 Oct. 23 ANTONIOS that this is not a case where the property in question was, either before the said registration, or has become, by virtue of such registration, communal property within the meaning ofsection 19ofthe Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224. PlLAVA.il AND OTHERS and T H E REPUBLIC o r CYPRUS, THROUGH— (
- a)T H E It is a case where the aforesaid property, being private property, was registered in the name of the Chairman of the Village Commission for a communal purpose, but this, as it was effected in this Case, concerns only the eventual use of the property and not its nature. DISTRICT OFFICER OF LIMASSOL (
- b)ALEXANDKOS IOANNOU CHAIRMAN o r THE VlLLACE COMMITTEb or PHINI It follows, therefore, that in taking the course complained of in this case the Village Commission has not acted, even if its action was approved by the District Officer Limassol, as an organ of administration in the sphere of public law, and any complaint concerning any action taken by it isnot a matter to be determined through a recource under Article 146; it is a matter which may possibly give rise to proceedings for breach of trust or otherwise before a civil court, athing onwhich the Court at this stage expresses no opinion in anyway. For the above reasons this application cannot succeed and it is dismissed accordingly. Regarding costs, the Court is of the opinion that each party should bear its own costs for today, but the applicants should pay the Republic £10 costs, towards costs incurred at previous stages of the proceedings. Application dismissed. 166