IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 937 of 2007()
1. HEMACHANDRAN, AGED 32,
... Petitioner
2. MOHANAN, S/O.BALAKRISHNAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE PUNALUR MUNICIPALITY REPRESENTED
3. THE KERALA STATE POLLUTION CONTROL
For Petitioner :SRI.V.V.RAJA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :09/04/2007
O R D E R
J.B. Koshy & T.R. Ramachandran Nair, JJ.
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W.A.NO.937 of 2007
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Dated this the 9th day of April, 2007
JUDGMENT
Koshy, J.
The second respondent Municipality is constructing an L.P.G.
Crematorium at Tholicode, Punalur. According to the petitioner, the above
was started without complying with the mandatory provisions contained in
the statute. A Commission was appointed by this court and submitted a
report. Learned counsel refers to Sections 484, 485 and 486 of the Kerala
Municipality Act stating that the procedure envisaged by the Municipality
in starting the burial ground is illegal, whereas in the counter affidavit filed
by the Municipality, it is stated that all procedures have been complied with
and modern L.P.G. Crematorium will not cause any disturbance. It is stated
that earlier there was already a burial ground apart from the burial ground of
nearby church. According to the learned counsel for the petitioner, the
earlier burial ground was situated at a different place. These are all
questions of fact. The learned Single Judge directed the petitioner to
approach the civil court as factual disputes cannot be decided by this court
in the absence of evidence. Further, it is stated in the judgment that the
WA 937/2007 -2-
Municipality shall not commission the L.P.G. Crematorium till 30.4.2007
so that petitioner can approach the civil court. Learned judge refused to
exercise the jurisdiction vested under Article 226 of the Constitution of
India.
We are of the opinion that there is no patent illegality in the judgment
impugned. It is for the petitioner to approach the civil court and get
appropriate orders. However, in view of the impending vacation, we direct
that the crematorium shall not be operated till 30.5.2007. Meanwhile, the
petitioner will be free to approach the civil court.
The writ appeal is disposed of with the above observations.
(J.B. Koshy, Judge.)
(T.R. Ramachandran Nair, Judge.)
kav/