IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 2418 of 2009(K) ------------------------- PETITIONER(S): --------------- 1. K.MANIYAN, S/O.KARUMBAN, AGED 63 YEARS, MURIKKAL CHIRA NIVARTH, WARD NO.10, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. 2. N.A.RAJA, S/O.ALIKUNJU, AGED 59 YEARS, NIKARTHIL HOUSE, WARD NO.9, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. 3. THANKAPPAN, S/O.PAPPUNNI, AGED 60 YEARS, MURIKKACHIRA HOUSE, WARD NO.9, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. 4. RISHIKESH, S/O.VASUDEVA SHENAI, AGED 39 YEARS, WARD NO.9, VELIPPARAMBIL, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. 5. RADHA NARAYANAN, AGED 53 YEARS, W/O.NARAYANAN, MURIKKAL HOUSE, WARD NO.9, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. BY ADV. SRI.M.K.ABOOBACKER RESPONDENT(S): --------------- 1. KODAMTHURUTH GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUTHIYATHODU P.O., CHERTHALA. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA. 4. OUR LADY OF FATHIMA MATHA CHURCH, REPRESENTED BY ITS RECTOR, KODAMTHURUTH, KUTHIYATHODU P.O., CHERTHALA. 5. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SMT.A.K.RANI FOR R4 SRISHIJU VARGHEESE FOR R4 SRIPRAMOJ ABRAHAM FOR R4 SRI.RENDEEP PREM FOR R4 SRI.K.K.SATHEESH FOR R1 GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 2418/2009. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF ROUGH SKETCH. EXT.P2 MINUTES OF DECISION TAKEN ON 25-8-2007. EXT.P3 JUDGMENT IN W.P.C.NO. 2437/2008. EXT.P4 PROCEEDINGS DT. 26-5-2008. EXT.P5 ORDER DT. 25-11-2008. EXT.P6 NOTICE DT. 27-12-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 2418 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th February, 2009. J U D G M E N T Petitioners are residents of Ward Nos. 9 and 10 of the 1st respondent-Panchayat. According to the petitioners, these wards are thickly populated and low lying area very close to the backwaters. The 4th respondent wants to establish a burial ground in that ward, which is objected to by the petitioners on the ground that it would cause serious ecological problems in the area. The 4th respondent approached the District Collector for permission to establish the burial ground. The District Collector, after hearing all parties including the petitioners, refused permission. Against the same, the 4th respondent filed an appeal before the 5th respondent and the 5th respondent passed Ext. P5 order, whereby the matter was remanded to the District Collector for fresh consideration in accordance with the findings in Ext. P5. The petitioners grievance in this writ petition is that Ext. P5 order has been passed by the Government without hearing the petitioners. According to them, in so far as before the District Collector they were also parties, no orders could have been passed by the Government without hearing them also. 2. I have heard all parties. 3. All the respondents now admit that while passing Ext. P5 order, the petitioners were not heard. That being so, Ext. P5 order has been passed in violation of principles of natural justice. Accordingly, Ext. P5 is quashed. However, I make it clear that it is W.P.C. No. 2418/2009. -: 2 :- open to the 5th respondent to pass orders in accordance with law after hearing the petitioners also as expeditiously as possible. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/