IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31234 of 2008(R)
1. K.SADASIVAN PILLAI,
... Petitioner
2. K.BALAN, KOYIKKELETH KIZHAKKETHIL
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE DISTRICT MEDICAL OFFICER,
3. THE POLLUTION CONTROL BOARD,
4. THE ENVIRONMENTAL ENGINEER,
5. THE REVENUE DIVISIONAL OFFICER,
6. THE INDIA PENTHACOSTAL CHURCH OF GOD
7. DISTRICT PRESIDENT MAVELIKKARA EAST
8. PASTER THOMAS ABRAHAM, MAVELIKKARA
For Petitioner :SRI.P.VINODKUMAR
For Respondent :SRI.R.KRISHNA RAJ
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :12/08/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).Nos.31234/2008-R & 22799/2009-T
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Dated this the 12th day of August, 2009.
JUDGMENT
1.The latter among the captioned matters has come
up for admission. The former is filed alleging
that the petitioner in the latter matter is
unauthorizedly using a parcel of land as a burial
ground, which piece is a paddy field.
2.Going through the documents exhibited in WP(C).
31234/2008, it may be that the land is marshy,
though, not necessarily a piece of paddy field.
The petitioner in WP(C).22799/2009 also disputes
the veracity of the photographs placed on record
in WP(C).31234/2008.
3.On 23.10.2008, the following interim order was
WP(C)31234/08 &22799/09 -: 2 :-
issued in WP(C).31234/2008:
“Admit. Issue notice by speed post.
R1 to R5 shall ensure that the
property comprised in Sy.No.222/6,
222/7, 222/8, 222/9, 222/10, 222/11,
222/12, 238/2 and 282/2 of Venmony
village in Chengannur Taluk is not
used for burial of dead-bodies unless
permission has been granted in this
behalf by the District Collector
under the provisions of the Kerala
Panchayath (Burning & Burial Grounds)
Rules, 1998 framed under the
Panchayath Raj Act. Copy of the order
shall be communicated by the
petitioner to R1 to R5 and the
contesting respondents.”
4.WP(C).22799/2009 is filed seeking a direction to
the competent statutory authorities to take
appropriate action on the application for licence
to conduct a burial ground. It needs to be
mentioned that such applications have to be
considered and orders issued on a time bound
WP(C)31234/08 &22799/09 -: 3 :-
manner, having regard to the provisions of the
Rules, as they stand as of now.
5.Taking into consideration that the petitioner in
WP(C).22799/2009 is yet to obtain licence for a
burial ground and because it is shown that no
licence has been obtained in relation to the land
in relation to which WP(C).31234/2008 is filed,
it is ordered that the official respondents in
WP(C).22799/2009 will consider the application of
the petitioner therein for licence to conduct the
burial ground as expeditiously as possible and
issue final orders, either way, within the limit
stipulated as per the Rules. The District Medical
Officer is hereby directed to place his
recommendations, either way, within a period of
three weeks from the date of receipt of a copy of
this judgment. The interim order granted in
WP(C).31234/2008 is made absolute.
The writ petitions are ordered accordingly
without prejudice to the contentions of parties
WP(C)31234/08 &22799/09 -: 4 :-
in the proceedings before the statutory
authorities.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/140809