IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 3951 of 2004(U) ------------------------- PETITIONER: --------------- DR.R.SATHI KUMAR, S/O.N.RAMAKRISHNAN, AGED 46 YEARS, DEVARAGAM, SP IV/77-1, ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM. BY ADV. SRI.C.S.MANU RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. SREEKARYAM GRAMA PANCHAYATH, SPECIAL GRADE, SREEKARYAM.P.O., THIRUVANANTHAPURAM-695 017, REPRESENTED BY ITS SECRETARY. 4. SMT.ROSAMMA, RRA NO.26, ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM. 5. MR.SATHYADAS, RRA NO.27, ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM. 6. SMT.RADHA (LILLY), W/O.MR.PRASAD, RRA NO.27 (A), ROSE NAGAR, SREEKARYAM, THIRUVANANTHAPURAM. R1 AND R2 BY SR. GOVERNMENT PLEADER ADV. MR. M.R. SABU. R4 TO R6 BY ADV. SRI.S.V.PREMAKUMARAN NAIR BY ADV. SRI.V.VIJULAL AND BY ADV. SRI.T.A.PRASANTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3951 of 2004(U) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : A TRUE COPY OF THE REPRESENTATION DATED 19.06.2003 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2 : A TRUE COPY OF THE LETTER BEARING NO.P.W.2003-04 DATED 16.07.2003 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3 : A TRUE COPY OF THE PETITION DATED 18.12.2003 SUBMITTED BY THE PETITIONER AND 6 OTHERS TO THE 1ST RESPONDENT. EXT.P4 : A TRUE COPY OF THE NOTICE BEARING NO.G1499/03 DATED 16.12.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5 : A TRUE COPY OF THE PETITION DATED 6.1.2004 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 3951 OF 2004 ......................................................................... Dated this the 5th September , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “i. issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exts.P3 and P5 immediately. ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to prohibit the respondents 4 to 6 from using the 75 cent of land in Re.Sy.No.641 of Pangappara Village belonging to the 4th respondent as a burial ground and from constructing any tomb therein, forthwith. iii. Allow cost of this petition to the petitioner. 2. When the matter came up for consideration on W.P.(C) No. 3951 OF 2004 2 10.02.2004, the following interim order was passed: “Respondents 1 to 3 are directed to ensure that the 75 cent of land in R.S.No.641 of Pangappara Village belonging to the 4th respondent is not used as a burial ground by respondents 4 to 6, without obtaining the requisite licence/registration in terms of the Kerala Panchayat Raj (Burial and Burning Grounds)Rules, 1998.” 3. Despite the lapse of more than seven years, no counter affidavit has been filed from the part of the respondents. There is no representation for the respondents 3 to 6 as well. In the said circumstance, the interim order is made absolute and the writ petition is closed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk