IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22205 of 2008(R) -------------------------- PETITIONER: ------------ THE PARAKKODE MUSLIM JAMA ATH, PARAKKODE P.O., ADOOR REPRESENTED BY ITS PRESIDENT SHOUKKATHULLA R., BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT (DB) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR. PATHANAMTHITTA. 3. THE REVENUE DIVISIONAL OFFICER, ADOOR. 4. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MAKKAMKUNNU, PATHANAMTHITTA 689 645,REPRESENTED BY ITS ENVIRONMENTL ENGINEER. 5. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 6. THE ADOOR MUNICIPALITY, ADOOR REPRESENTED BY ITS SECRETARY. 7. LAILA BEEVI, RAJI MANZIL, PARAKKODE, PARAKKODE P.O., ADOOR, PATHANAMTHITTA DISTRICT. 8. K.VASANTHA KUMAR, GAYATHRI, KOTTAMUGAL JUNCTION, ADOOR, PATHANAMTHITTA DISTRICT. 9. K.SOMASEKHARAN NAIR, SARASWATHI BHAVAN, PARAKKODE, ADOOR, PATHANAMTHITTA DISTRICT. 10. M.S. INDUSEKHAR, KATHITTA ILLOM, PARAKKODE, PARAKKODE P.O., ADOOR, PATHANAMTHITTA DISTRICT. 11. SUDHA P., SHREYAS, PARKKODE P.O., ADOOR, PATHANAMTHITTA, DISTRICT. 12. N.AMBUJAMSHAN PILLAI, LEKHA BHAVAN,PARAKKODE P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY GOVT. PLEADER SMT.K.R. DEEPA BY SC SRI. M.K. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J -------------------------------------------------------- W.P.(C).NO.22205/2008 -------------------------------------------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner submits that he had made an application to the Municipality for licence of a place as burial ground in terms of Section 484 of the Municipality Act, 1994. It is stated that on receipt of the application from the petitioner, further details were called for by the Municipality by Ext.P3. Petitioner submits that all the details called for by the Municipality were submitted. Subsequently, the Municipality forwarded the application to the District Medical Officer and the District Collector for their opinion in the matter, as required of under Section 484(3)(a) of the Municipality Act. Thereafter, though the Government also clarified that the District Collector has to only forward his opinion, he has not so far forward his opinion as required so far . It is in WP(c).No.22205/08 2 these circumstances the writ petition has been filed . 2. Section 484 of the Municipality Act provides that an application for licence shall be made to the Municipality concerned. Under Sub Section (3), on receipt of such application the Secretary has to send the application to the Municipal Health Officer or the District Medical Officer as the case may be and the concerned District Collector for their opinion on the application and on receipt of such application, it is for the aforesaid officers to convey their opinion to the Municipality and it is finally for the Municipality to consider their views and other objections and pass final orders on the application so made. 3. From this, it is evident that the role of the District Collector is to convey his opinion in the matter to the Municipality and not to entertain the application on merits or pass final orders. In this case, since the District Collector has not so far conveyed his opinion as per Section 484(3) of the Act, I direct that the District Collector shall do so . WP(c).No.22205/08 3 Necessarily, in the process the District Collector shall be entitled to hear the objections if any that he has received in response to Ext.P6 notice that was published in the newspapers inviting objections. 4. It is directed that after completing the entire process the District collector shall forward his opinion as directed, within 8 weeks of production of a copy of the judgment. 5. It is also directed that, on receipt of the opinion of the District Collector as above, the Municipality shall complete the proceedings in terms of the Act and pass final orders in the matter within 8 weeks thereafter. Petitioner shall produce copy of the judgment before the District Collector and the Municipality for compliance. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.22205/08 4