High Court Kerala High Court

K.Sadasivan Pillai vs State Of Kerala on 12 August, 2009

Kerala High Court
K.Sadasivan Pillai vs State Of Kerala on 12 August, 2009
       

  

  

 
 
  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.

  = = = = = = = = = = = = = = = = = = = = = = = =

     W.P.(C).Nos.31234/2008-R & 22799/2009-T

  = = = = = = = = = = = = = = = = = = = = = = = =

      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