IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 26842 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. NAJEEB, AGED 45 YEARS, S/O.MAMMU, THUNDATHIL HOUSE, MADAVANA, PANANGAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. P.S.SHAMIN, 32 YEARS, S/O.SANULLABUDHEEN, PARAPARAMBATH, MADAVANA, PANANGAD P.O., IRUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. SHABEEV.P.M., AGED 36 YEARS, S/O.P.M.MAMMUKUTTY, SHABEEV MANZIL, MADAVANA,PANANGAD P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 4. T.V.BABURAJAN, AGED 42 YEARS, S/O.T.C.VISWAMBARAN, THUNDATHIL HOUSE, MADAVANA, PANANGAD P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 5. M.O.SHIBAYAR, S/O.GOPALAN, MUNDEPILLIL HOUSE, MADAVANA, PANANGAD. 6. ABDULASSIS.K.M., AGED 39 YEARS, S/O.MUHAMMED, KANDAMANGALATHU CHIRA, MADAVANA, PANANGAD P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 7. P.M.SHAMEER, AGED 28 YEARS, S/O.P.B.MUHAMMED, FATIMA MANZIL, MADAVANA, PANANGAD P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. WP(C).No. 26842 of 2008 8. ABDUL RAHIM K.M., AGED 35 YEARS, S/O.MUHAMMED, KANDAMANGALA CHIRAYIL, KUMBALAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. BY ADV. SRI.S.KRISHNAN THAMPI RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 3. SECRETARY, KUMBALAM GRAMA PANCHAYATH, ERNAKULAM DISTRICT. 4. FR.GEORGE AUGUSTINE SHELBIN, ST.SEBASTIAN CHURCH, MADAVANA, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.26842 OF 2008 ---------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT The petitioners challenge Ext.P1 order of the District Collector by which the District Collector issued a licence to the 4th respondent to establish a burial ground allegedly within the prohibited distance from the dwelling houses of the petitioners. It is not disputed before me that the petitioners have a right of appeal before the Government under Rule 6(10) of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules 1998. That being so, the petitioners have to exhaust that remedy first. Therefore, without prejudice to the right of the petitioners to challenge Ext.P1 in an appeal before the Government, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd