IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27849 of 2011(E) ---------------------------------------- PETITIONER(S): ---------------------- PASTOR M.JOSEPHKUTTY, THE PENTECOSTAL MISSION, AMBELIPADOM ROAD, VYTILA, JANATHA, ERNAKULAM-682 019, THROUGH AUTHORISED REPRESENTATIVE RENNY M.PAUL. BY ADV. SRI.S.VINOD BHAT, SRI.LEGITH T.KOTTAKKAL. RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682 030. 2. THOMAS KURIAKOSE, MANAGING TRUSTEE OF NIRMALA CHARITABLE TRUST, THALACODE, MULANTHURUTHY-682 314. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R3 BY GOVT. PLEADER MR.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27849 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE POSSESSION CERTIFICATE NO.3974/11 DT.17/9/2011 ISSUED BY VILLAGE OFFICER, MULANTHURUTHY. EXHIBIT P2: COPY OF LOCATION SKETCH WITH CERTIFICATE ISSUED BY VILLAGE OFFICER, MULANTHURUTHY DTD.27/8/2011. EXHIBIT P3: COPY OF APPLICATION DATED 27/5/2004 MADE BY THE PETITIONER. EXHIBIT P4: COPY OF THE DECISION DATED 27/5/2004 OF THE MULANTHURUTHY GRAMA PANCHAYATH. EXHIBIT P5: COPY OF COMMUNICATION NO.C2-21842/04 DATED 7/9/2004 OF DISTRICT MEDICAL OFFICER OF HEALTH. EXHIBIT P6: COPY OF SITE PLAN ISSUED BY VILLAGE OFFICER, MULANTHURUTHY. EXHIBIT P7: COPY OF COMMUNICATION NO.A4-13439/2004 DATED 14/10/2004 BY TAHSILDAR, KANAYANNUR TALUK. EXHIBIT P8: COPY OF COMMUNICATION NO.M5-42400/04 DATED 15/11/2004 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9: COPY OF COMMUNICATION NO.129/04 DATED 31/12/2004 ISSUED BY VILLAGE OFFICER, MULANTHURUTHY. EXHIBIT P10: COPY OF COMMUNICATION NO.187/04 DATED 5/1/2005 ISSUED BY MULANTHURUTHY GRAMA PANCHAYATH. EXHIBIT P11: COPY OF THE PUBLICATION PUBLISHED IN DEEPIKA DAILY DATED 25/11/2004. EXHIBIT P12: COPY OF THE OBJECTIONS FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P13: COPY OF THE REPORT NO.A4-6159/10 DATED 30/8/2010 OF 1ST RESPONDENT. EXHIBIT P14: COPY OF REPORT NO.GWE/109/11 DATED 13/6/2011 OF DISTRICT OFFICER, GROUND WATER DEPARTMENT, ERNAKULAM. EXHIBIT P15: COPY OF THE ORDER NO.M5-42400/04 DATED 12/8/2011 OF THE 1ST RESPONDENT. EXHIBIT P16: COPY OF THE PHOTOGRAPH. EXHIBIT P17: COPY OF AUTHORIZATION LETTER OF PENTECOSTAL MISSION, VYTILA RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 27849 OF 2011 ===================== Dated this the 20th day of October, 2011 J U D G M E N T The challenge in the writ petition is against Ext.P15, an order passed by the District Collector exercising his powers under the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998. Rule 6(10) provides that an order in the nature of Ext.P15 is appealable before the Government. Therefore, leaving it open to the petitioner to pursue the appellate remedy, the writ petition is disposed of. It is directed that, if such an appeal is filed within two weeks from today, the appellate authority will entertain the same and consider the issues on merits ignoring the delay, if any, in filing the same. ANTONY DOMINIC, JUDGE Rp