Elizabath Mathai vs The Secretary on 18 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14425 of 2006(P)


1. ELIZABATH MATHAI, W/O. MATHAI,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, MAZHUVANNOOR GRAMA
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. CHARACHAN, CHARUPARAMBIL HOUSE,

                For Petitioner  :SRI.N.ANILKUMAR

                For Respondent  :SRI.BABY KURIAKOSE

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/01/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                   ..........................................................

                            W.P.(C) No.14425 OF 2006

                  ...........................................................

                    DATED THIS THE 18TH JANUARY, 2007


                                    J U D G M E N T

Even though Sri.N.Anilkumar, learned counsel for the petitioner

has addressed me on all the grounds raised in the Writ Petition, I

propose to consider only the jurisdictional ground raised therein. The

scheme for sanctioning cemeteries is provided in the Kerala

Panchayat Raj (Burial and Burning Grounds) Rules, 1998. A perusal of

Rules 4 and 6 of those Rules will show that even though it is for the

Panchayat to receive applications for commencement of cemeteries or

for licence in respect of existing cemeteries, the Panchayat does not

have the power to reject those applications. The Panchayat is only to

consider the application within 30 days of receipt of the application and

forward the same with its recommendations (the same can be in the

negative also) to the concerned District Collector. Going by the

counter affidavit filed by the Panchayat, there was a dispute in this

case regarding the very existence of the cemetery at the time of

commencement of the Rules and on enquiry conducted by the

Panchayat, it was seen that the cemetery in question did not exist at

all. This was why the Panchayat decided to reject the application.

Rule 4(2) of the Rules will show that even if a dispute arises regarding

WP(C)N0.14425 OF 2006

-2-

the existence or otherwise of a cemetery at the time of

commencement of the rules, such dispute has to be decided not by the

Panchayat but by the District Collector. Thus, the jurisdictional

question raised has to be answered in favour of the writ petitioner.

2. Accordingly Exts.P7 and P9 will stand quashed and there will

be a direction to the Panchayat to forward Ext.P4 application together

with all related papers to the District Collector concerned through the

D.M.O. The District Collector will thereupon comply with the

procedural formalities provided under the Rules and take a final

decision on Ext.P4. Needful will be done by the Panchayat and the

District Collector at their earliest.

The Writ Petition is disposed of as above.

(PIUS C. KURIAKOSE, JUDGE)

tgl

WP(C)N0.14425 OF 2006

-3-