IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 34653 of 2003(A) -------------------------------------- PETITIONERS: ------------------- 1. MRS.T.V.AMINA, AGED 48 YEARS, W/O. HAMSA, PUZHANGARAILLATH HOUSE, MANATHALA BEACH ROAD, CHAVAKKAD, THRISSUR DISTRICT 2. MRS.C.K.SUHARA, AGED 35 YEARS, W/O.BERANKUNJI, MADAPPEN HOUSE, MANATHALA BEACH ROAD, CHAVAKKAD, THRISSUR DISTRICT 3. A.P.SALIM, AGED 47 YEARS, S/O. LATE KUNJUMOHAMMED, ANDATHOTTUPILACKAL HOUSE, MANATHALA BEACH ROAD, CHAVAKKAD, THRISSUR DISTRICT BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE CHAVAKKAD MUNICIPALITY, CHAVAKKAD, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE CHAVAKKAD MUNICIPALITY, CHAVAKKAD, THRISSUR DISTRICT. 4. DISTRICT MEDICAL OFFICER OF HEALTH, THRISSUR DISTRICT, AYYANTHOLE, THRISSUR. 5. SCIENCE TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. W.P.(C) NO. 34653/2003 6. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, M.G.ROAD, ERNAKULAM. 7. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THOTTEKKAT LANE, POONKUNNAM,THRISSUR. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R3 BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34653/2003 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 11.2.99 PASSED BY THE SUB DIVISIONAL MAGISTRATE, (R.D.O), THRISSUR. EXT.P2:- COPY OF THE NO OBJECTION DT. 21.10.1994 ISSUED BY THE DISTRICT MEDICAL OFFICER, THRISSUR. EXT.P3:- COPY OF THE REPORT DT. 26.3.1996 SUBMITTED BY THE MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTRE, KADAPPURAM TO THE DISTRICT MEDICAL OFFICER, THRISSUR. EXT.P4:- COPY OF THE ORDER DT. 13.11.1999 PASSED BY THE UNDER SECRETARY, LOCAL SELF GOVERNMENT. EXT.P5:- COPY OF THE JUDGMENT DT. 2.6.03 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN OP. NO.5938/1999. EXT.P6:- COPY OF THE OPINION DT. 15.9.2001 SENT BY THE DISTRICT MEDICAL OFFICER, THRISSUR TO THE ADVOCATE GENERAL. EXT.P7:- COPY OF THE OPINION DT. 1.6.02 SENT BY THE DISTRICT MEDICAL OFFICER, THRISSUR TO THE ADDL. DISTRICT MAGISTRATE. EXT.P8:- COPY OF THE ORDER DT. 7.6.02 PASSED BY the DISTRICT COLLECTOR, THRISSUR. EXT.P9:- COPY OF THE COMPLAINT DT. 22.7.02 FILED BY the 3RD PETITIONER AND ANOTHER BEFORE RESPONDENT 1,2 AND OTHERS. EXT.P10:- COPY OF THE ORDER OF STAY DT. 24.7.02 PASSED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. EXT.P11:- COPY OF THE MASS PETITION DT. 7.7.02 SENT TO THE SCIENCE TECHNOLOGY & ENVIRONMENT DEPARTMENT. EXT.P12:- COPY OF THE ORDER DT. 17.9.02 PASSED THE SCIENCE TECHNOLOGY & ENVIRONMENT DEPARTMENT. EXT.P13:- COPY OF THE REPRESENTATION DT. 10.8.01 FILED BEFORE THE 6TH and 7TH RESPONDENT. EXT.P14:- COPY OF THE NEWSPAPER REPORT THAT APPEARED IN THE MADHYAMAM DAILY DT. 18.10.03. EXT.P15:- COPY OF THE NEWSPAPER REPORT THAT APPEARED IN THE MALAYALA MANORAMA DAILY DT. 19.10.03. EXT.P16:- COPY OF THE ORDER DT. 10.10.03 PASSED BY THE LOCAL SELF ADMINISTRATION DEPARTMENT. /TRUE COPY/ P.S. TO JUDGE tss K.BALAKRISHNAN NAIR ,J. ----------------------------------------------------- W.P.(C)No.34653 OF 2003 ----------------------------------------------------- DATED THIS THE 21st DAY OF AUGUST, 2008 J U D G M E N T The petitioners are residents of Chavakkad Municipality. They are aggrieved by the steps taken by the said Municipality to establish a burning and burial ground at Manathala Beach in their neighbourhood. Aggrieved by the same, they have preferred Exhibit P9 representation before the Government. Government entertained that petition and granted stay and ordered the Municipality not to proceed with the matter till the petition is disposed of. The petitioners submit, without notice to them or hearing them, the said interim order has been vacated by the Government by Exhibit P16 order. Hence this Writ Petition challenging Exhibit P16 and seeking consequential reliefs. 2. Heard the learned Government Pleader for the first respondent and also the learned counsel for the Municipality. 3. I think, the proper course to be adopted will be to direct the Government, the first respondent herein, to pass final orders on Exhibit P9 expeditiously after affording an opportunity of being heard to the petitioners, the Municipality and other affected persons, if any. This, the Government, shall do within four months from the date of W.P.(C)No.34653/03 -2- production of a copy of this judgment. If the petitioners produce a copy of the judgment before the first respondent within one month from today, the interim order granted by this Court against Exhibit P16 will remain in force till the Government pass final orders on Exhibit P9. The Writ Petition is disposed of as above. The petitioners will be free to produce additional materials also in support of their contentions, while the matter is taken up by the Government for hearing. K.BALAKRISHNAN NAIR, JUDGE. dsn