IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 29179 of 2009(N) -------------------------------------- PETITIONER(S): --------------------- EMPEROR EMMANUEL CHURCH ZION MURIYAD, THRISSUR DISTRICT, REP. BY ITS MANAGING TRUSTEE REV.FR.JOSEPH AYYANKOLIL. BY ADV. MR.T.N.MANOJ RESPONDENT(S): ------------------------ *1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THRISSUR. (AMENDED) 2. MURIYAD GRAMA PANCHAYATH, REP. BY THE SECRETARY, MURIYAD P.O. 3. THE DISTRICT MEDICAL OFFICER, THRISSUR. * R1: DISTRICT COLLECTOR, THRISSUR. * AMENDED AS PER ORDER DATED 23/10/2009 IN I.A.12964/2009. R1 & R3 BY GOVERNMENT PLEADER MR.V. MANU. R2 BY ADV. MR.P.NARAYANAN KUTTY, MR.KRISHNA PRASAD. S . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29179/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEED OF TRUST. EXT.P2: COPY OF THE DEIION OF THE TRUSTEES. EXT.P3: COPY OF THE DEED OF ASSIGNMENT IN FAVOUR OF THE TRUST. EXT.P4: COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 05/10/209 OF THE 2ND RESPONDENT. EXT.P6: COPY OF THE PLAN SUBMITTED BY THE PETITIONER. EXT.P7: COPY OF THE PHOTOGRAPH EVIDENCING THE LIE OF THE PROPERTY. EXT.P7(a): COPY OF THE PHOTOGRAPH EVIDENCING THE LIE OF THE PROPERTY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29179 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2009. JUDGMENT The petitioner applied for licence to have an appropriate cemetery. That application has to be processed in accordance with the statutory provisions governing the grant of such licence. The learned counsel for the panchayat states that there are defects in the application. The petitioner would take the stand that there are no defects and what is being projected as defects is nothing but the objections of the panchayat. He says that a detailed application has been placed. Under such circumstances, it is ordered that the application will be transmitted to the District Collector who will look into the matter and take decision appropriately, including by providing opportunity to the petitioner to rectify the defects, if found. Let the needful be done in WPC30416/09 -: 2 :- accordance with the statutory provisions within a time bound manner in terms of those rules. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/061109