IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10341 of 2011(P) ------------------------------------- PETITIONER(S): ------------------------ THE THIRUVILWAMALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,THIRUVILWAMALA.P.O, THRISSUR DISTRICT,PIN-680588. BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR-680588. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM,PIN-680587. 4. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA-680588. 5. THE SUB INSPECTOR OF POLICE, PASHAYANNUR-680588. BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.10341/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER TO THE PANCHAYATH. P2:- COPY OF THE MINUTES OF THE ALLPARTY MEETING. P3:- COPY OF THE DECISION TAKEN BY THE PANCHAYATH. P4;- COPY OF THE NOTICE. P5:- COPY OF THE DRAFT BYE LAW. P6:- COPY OF THE DECISION OF THE GOVERNMENT. P7(a):- COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DTD. 16.3.2011. P7(b):- COPY OF THE NEWS ITEM APPEARD IN MATHRUBHUMI DAILY DTD. 13.3.2011. P7(c):- COPY OF THE NEWS ITEM APPEARD IN MANGALAM DAILY DTD. 13.3.2011. P8:- COPY OF THE REQUEST MADE BY THE PANCHYAT BEFORE THE SECOND RESPONDENT. P9:- COPY OF THE RECEIPT ISUED BY THE 3RD AND 4TH RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.10341 of 2011-P ***************************** Dated this the 7th day of April, 2011 JUDGMENT BASANT, J. Petitioner, a grama panchayat, has come to this Court seeking issue of directions to respondents 2 to 5, all police officials under the 1st respondent- State, to ensure that adequate police protection is granted. 2. According to the petitioner, a burial and burning ground is there within the jurisdiction of the petitioner panchayat. Because of various facilities available there, dead bodies from many parts of Kerala are being brought to the said burial and burning ground for disposal. Local people have raised objections to such burning and burial consequent to the perceived threat to environment. The grama panchayat had taken a decision to ban such burning and burial of bodies brought from outside the panchayat subject of course to certain safeguards. That decision of the panchayat has been stayed by the Government in exercise of its powers under Section 191 of the Kerala Panchayat Raj Act. W.P(C) No.10341 of 2011-P 2 3. The petitioner panchayat apprehended that there could be a clash between different groups of persons at present, ie. after the decision of the panchayat was stayed by the Government. Persons may continue to bring bodies for burial/burning and that may be opposed by some persons of the locality. The petitioner apprehended threat to law and order and threat of violence. It is, in these circumstances, that the petitioner came to this Court. 4. The petitioner does not seek police protection for itself. The only request of the petitioner is that it may be ensured that adequate police protection is afforded to ensure that there is no breach of the peace and violence within the jurisdiction of the Panchayat. 5. Notice was given and the learned Government Pleader has entered appearance for respondents 1 to 5. The learned Government Pleader submits that no specific directions under Article 226 need be issued now. Perceiving the seriousness of the situation, the police have already made adequate arrangements to afford police protection to prevent any breach of the peace and violence in the locality. The apprehension of the petitioner appears to be justified and the police have been W.P(C) No.10341 of 2011-P 3 compelled to register a crime against as many as 53 persons on 01.04.2011. Those accused persons were arrested. They have now been enlarged on bail. Recurrence of such activity is apprehended and the police are geared to meet the situation, submits the learned Government Pleader. 6. We accept the submissions of the learned Government Pleader. We are satisfied that no specific directions need be issued by this Court now. 7. This Writ Petition is, in these circumstances, dismissed accepting the submissions of the learned Government Pleader. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/