IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 234 of 2009(C)
1. JOHNY ABRAHAM
... Petitioner
Vs
1. SECRETARY
... Respondent
For Petitioner :SRI.MANOJ P.KUNJACHAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/01/2009
O R D E R
S.SIRI JAGAN, J
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W.P(C)No. 234 of 2009
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Dated this the 2nd day of January, 2009
J U D G M E N T
Petitioners are residents of the locality wherein the 2nd respondent
issued Ext.P1 licence in favour of the 5th respondent for establishment
of a vault type cemetery. Petitioners challenge the same on the ground
that there was no proper publication as contemplated under Rule 6(7)
of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998.
In the above circumstances, petitioners have filed Ext.P2 application
before the Government, which has been acknowledged by Ext.P3. The
petitioner seeks a direction to the 1st respondent to consider and pass
orders on Ext.P2, as expeditiously as possible.
2. I have heard the learned Government Pleader also. In the
nature of the order, I propose to pass, I do not think it necessary to
issue notice to the respondents 4 and 5 for the present.
Although, Ext.P2 is addressed to the Ministry for Local Self
Government, from Ext.P3 it is seen that the same has been forwarded
to the 1st respondent for consideration. In the above circumstances, this
writ petition is disposed of with a direction to the 1st respondent to
consider and pass orders on Ext.P2, as expeditiously as possible, at
W.P(C)No. 234 of 2009 – 2 –
any rate, within one month from the date of receipt of a copy of this
judgment. It would be open to the petitioner to move the 1st respondent
for stay which shall also be considered by the 1st respondent within one
week from the date when a stay petition is moved.
S.SIRI JAGAN, JUDGE
rhs