IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 13740 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. AL-AMEEN, THANNIMOOTTIL HOUSE, AANAKUTHY, AYIRAVANNU, KONNI, PATHANAMTHITTA DISTRICT. 2. AMINA BEEVI, PUTHENVEETTIL HOUSE, AANAKUTHY, AYIRAVANNU, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, KONNI. 4. ARUVAPPULLAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, ARUVAPPULLAM, KONNI. 5. THE REVENUE DIVISIONAL OFFICER, ADOOR. 6. T.M.SALIM, PRESIDENT, AANAKUTHY MUSLIM JUMA-ATH, THANNIMOOTTIL HOUSE, AANANKUTHY, AYIRAVANNU, KONNI. 7. ABDHUL AHADHU, SECRETARY, AANAKUTHY MULSIM JUMA-ATH, KACHU VEETTIL, ANANKUTHY, AYIRAVANNU, KONNI. W.P.(C). NO.13740/2008-I: 8. ABDHUL RASHED, TRUSTEE, AANANKUTHY MUSLIM JUMA-ATH, KACHU VEETTIL, AANAKUTTHY, AYIRAVANNU, KONNI. 9. MUHAMMED KANNU RAWTHER, KACHU VEETTIL, AANAKUTHY, AYIRAVANNU, KONNI. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) - R4, ADV. SRI.A.R.DILEEP - R4, SMT.KAVITHA GANGADHARAN - R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13740/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R.1. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BEFORE R.4. EXT.P.3: COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE ACCEPTANCE OF REPRESENTATION. EXT.P.4: COPY OF THE MASS PETITION SUBMITTED BEFORE THE R.1. EXT.P.5: COPY OF THE REQUEST UNDER RIGHT TO INFORMATION ACT. EXT.P.6: COPY OF THE COMMUNICATION NO. A-975 DTD. 21/04/08. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC,J. ---------------------------------- W.P.(C) No.13740 OF 2008 ---------------------------------- Dated this the 12th day of June, 2007 J U D G M E N T The prayers sought for in this writ petition are to direct respondents 1 to 5 to restrain Aanakuthy muslim juma ath from burying any dead body in the property comprised in Survey No.623/1 of Ayiravannu village and to direct respondents 6 to 9 not to bury any dead body in the aforesaid property. 2. Petitioners, who are also members of the aforesaid juma ath, complain that without even a licence or even submitting an application for licence to the Panchayat and other authorities, on 5.4.2008, respondents 6 to 9 have buried a dead body in the property referred to above, belonging to the 9th respondent. 3. Since the burial was without any licence or other authority, petitioners submitted Ext.P2 complaint to the District Collector, Panchayat, District Medical Officer etc. Subsequently, they also submitted Ext.P5 request to the Panchayat invoking the provisions of the Right to Information Act and sought W.P.(C) No.13740/2008 2 information whether there is any licensed burial ground in the property referred to above. The request was replied by Ext.P6, wherein the Panchayat has informed that the Panchayat have not given any no objection certificate for a burial ground in the property referred to above. Despite of this, as the petitioners apprehended that, respondents 6 to 9 will continue to use the property as a burial ground, this writ petition has been filed with the prayers mentioned above. 4. Though notice has been served on respondents 6 to 9, there is no appearance on their behalf. The counsel appearing on behalf of the 4th respondent, Panchayat, submitted that on receipt of Ext.P2 complaint from the petitioners, they had convened a hearing of all parties on 23.4.2008. It is also stated that Secretary of the Panchayat inspected the property on 3.5.2008. According to the Panchayat, the property is not suitable to be used as a burial ground. Learned counsel also submits that on 5.5.2008, a stop memo has been issued by the Panchayat to the 7th respondent restraining them from using the property as a burial ground. W.P.(C) No.13740/2008 3 5. From the facts as stated above, it is clear that the statutory requirements for using the property as a burial ground has not been complied with, in so far as the property referred to is concerned. In such circumstances, the Panchayat has righly issued a stop memo, which remains in force even now. Nobody can use any property as a burial ground, except in accordance with the statutory requirements, and as in this case, none of those requirements have been satisfied by the party respondents, as it now stands, the property in question cannot be used as a burial ground. In view of the above, the writ petition is disposed of, directing that respondents 1 to 5 will not permit respondents 6 to 9 to use the property in survey No. 623/1, Ayiravannu village, as a burial ground. (ANTONY DOMINIC, JUDGE) ps W.P.(C) No.13740/2008 4