IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 15995 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------ KUNNUKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNUKARA (P.O.) ERNAKULAM DISTRICT. BY ADV. MR.S.SHANAVAS KHAN RESPONDENT(S): --------------------------- 1. THE SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. A.M.SHAMSUDEEN,S/O.MOIDEENKUTTY, "ARACKAL HOUSE" KUNNUKARA VILLAGE, ERNAKULAM DISTRICT. 4. M.T.PATHROSE,S/O.THOMAS, MANAVALAN HOUSE, KUNNUKARA VILLAGE, ERNAKULAM DISTRICT. 5. THE S.I. OF POLICE,CHENGAMANADU POLICE STATION. 6. BHARATEEYA PATTIKA JANA SAMAJAM (BPJS) REG.NO.(S) 253/02,KUNNUKARA MEGHALA COMMITTEE REPRESENTED BY ITS SECRETARY. R1,R2 & R5 BY GOVERNMENT PLEADER MR. V.MANU R3 & R4 BY ADV. MR.M.P.RAMNATH R6 BY ADV. SMT.P.K.SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009 ALONG WITH WPC NO. 22146 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NOs. 15995 & 22146 OF 2009 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2009 JUDGMENT WP(C)15995 of 2009 is filed challenging a decision of the Ombudsman for Local Self Government Institutions issued relegating the parties for further action, if necessary, to the District Collector and also cautioning that action could be taken against the Secretary and petitioner Grama Panchayat for mal administration, if he were to fail in taking due action against the disposal of human remains in a particular plot and structures therein which is herein after referred to as the 'disputed crematorium'. 2. WP(C) 22146 of 2009 is a writ petition filed by an organisation on behalf of the local residents voicing to have the requirement to have crematorium. 3. The Grama Panchayat put up a structure with chimney in Government land in Survey No.492/6 of Kunnukara Village in Paravur Taluk. The District Collector, acting on an application of the panchayat under the Kerala Panchayat (Burning and Burial Wpc 15995/09 & conn. 2 Ground) Rules, 1967 granted permission to complete the construction and commence functioning only after obtaining fitness certificate from the DMO and Tahsildar. The matter came to this court. The question was directed to be reconsidered. It was thereafter decided that the Grama Panchayat has to either purchase certain items of the surrounding lands through negotiation or go for compulsory acquisition. As per G.O.No.3973/08/LSGP dated 12.11.2008, the Local Self Government Department in Government accorded sanction to acquire properties lying within 50 metres of the aforesaid disputed crematorium. District Collector thereafter issued order dated 12.12.2008 to Special Tahsildar L.A, N.H.No.2, Aluva to carry out the acquisition. Section 6(1) notification under the Survey of Boundaries Act was published on 24.4.2009. In consonance with the directions of the Revenue Department as contained in a circular dated 14.11.2008, the District Collector wrote on 16.3.2009 confirming the proposal for sanction of the Revenue Department. Further proceedings under the Land Acquisition Act including publication of preliminary notification under Section 4(1) of that Act could come only after the Revenue Wpc 15995/09 & conn. 3 Department clears the matter. This obviously means that as of now, the necessary action has to follow from the Revenue Department. 4. In the aforesaid scenario, any objection of any private party could be raised only in any statutory enquiry under the Land Acquisition Act. Even if enquiry is dispensed with, the right to agitate the said issues may arise only thereupon. 5. The fact of the matter remains that from 1996, a structure stands on Government land in Survey 492/6 of Kunnukara Village in Paravur Taluk. That disputed crematorium cannot be put to use without sanction of the District Collector under the Kerala Panchayat (Burning and Burial Ground) Rules, 1967. Therefore, there is imminent need to complete the decision making process relatable to acquisition. Lest without that it is the bounden duty of the Secretary of the Grama Panchayat and also police officers under the control of the District administration to see that no burial or burning of dead bodies take place in the disputed crematorium or in that site. 6. With the aforesaid, it is ordered that the Revenue Department in Government will take most expeditious steps to Wpc 15995/09 & conn. 4 conclude necessary action on the aforesaid matter and issue orders either way, within an outer limit of 45 days from now. Any further action against the Secretary of the Grama Panchayat on the ground of mal administration would be relevant only if there is dereliction of duty in ensuring that no burial or burning takes place in violation of the laws. These writ petitions are ordered as aforesaid, leaving open all other issues. If the Revenue Department has also issued orders, or that orders are issued by it, necessary prompt action shall further follow from the level of District Collector, panchayat and other concerned authorities to expedite the matter in question. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/10