Najeeb vs District Collector on 23 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26842 of 2008(U)


1. NAJEEB, AGED 45 YEARS,
                      ...  Petitioner
2. P.S.SHAMIN, 32 YEARS,
3. SHABEEV.P.M., AGED 36 YEARS,
4. T.V.BABURAJAN, AGED 42 YEARS,
5. M.O.SHIBAYAR, S/O.GOPALAN,
6. ABDULASSIS.K.M., AGED 39 YEARS,
7. P.M.SHAMEER, AGED 28 YEARS,
8. ABDUL RAHIM K.M., AGED 35 YEARS,

                        Vs



1. DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

3. SECRETARY, KUMBALAM GRAMA PANCHAYATH,

4. FR.GEORGE AUGUSTINE SHELBIN,

                For Petitioner  :SRI.S.KRISHNAN THAMPI

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/10/2008

 O R D E R
                        S. SIRI JAGAN, J.
                 ------------------------------------
                   W.P.(C)No.26842 OF 2008
               ----------------------------------------
               Dated this the 23rd day of October, 2008

                            JUDGMENT

The petitioners challenge Ext.P1 order of the District

Collector by which the District Collector issued a licence to the 4th

respondent to establish a burial ground allegedly within the

prohibited distance from the dwelling houses of the petitioners.

It is not disputed before me that the petitioners have a right of

appeal before the Government under Rule 6(10) of the Kerala

Panchayat Raj (Burial and Burning Grounds) Rules 1998. That

being so, the petitioners have to exhaust that remedy first.

Therefore, without prejudice to the right of the petitioners to

challenge Ext.P1 in an appeal before the Government, this writ

petition is dismissed.

S. SIRI JAGAN, JUDGE

Acd