IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 3457 of 2007(J) -------------------------------------- PETITIONER(S): ------------------------ BABY, S/O. VARKEY, KUREEKKAL HOUSE, PATHAR P.O., VALAMKOLLI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE POTHUKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POTHUKAL, MALAPPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, NILAMBUR, MALAPPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, POTHUKAL POLICE STATION, MALAPPURAM DISTRICT. 5. A.R.PRAKASH, S/O. KUTTAPPAN, AMBALATHUNGAL HOUSE, PATHAR P.O., CHUNGATHARA, MALAPPURAM DISTRICT, REPRESENTING S.N.D.P. YOGAM, PATHAR SAKHA. R1, R3 & R4 BY GOVERNMENT PLEADER SMT.K.R.DEEPA BY ADV. SRI.A.N.RAJAN BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) NO. 3457 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011 J U D G M E N T This writ petition has been filed, mainly with the prayer to issue a writ of mandamus commanding the respondents 1 to 4 not to permit the 5th respondent or anybody to use the properties covered under document No.1176/2006 on the Edakkara Sub Registry, as a burial or burning ground, without a licence under Rule 6 of the Kerala Panchayath Raj (Burial and Burning Grounds) Rules 1998 (for short, 'the Rules), and for such other reliefs. 2. When the matter came up for admission on 01.2.2007, this Court passed an interim order as follows:- “Not admitted. G.P takes notice for R1, R3 and R4. Petitioner will serve an additional copy of the writ petition on the Govt. Pleader who will seek instructions from R1, R3 and R4 on the issue as to whether any licence has been issued to the S.N.D.P Yogam Pathar Sakha or to the 5th respondent for the opening of a burial or burning ground. Issue urgent notice on admission by speed post to R2 and R5. In the meanwhile, if the 5th respondent is not having any licence issued under Rule 6 of the Kerala Panchayath Raj (Burial and Burning Grounds) Rules 1998, he will not bury or burn any corpse in the properties covered by document No.1176/06 of Edakkara Sub Registry. Post as soon as R5 is served with notice” 3. Thereafter, notices were served on the respondents. The respondents have not chosen to file counter affidavit. It is to be noted that despite on service of notice, the 5th respondent shall also W.P.(C) No. 3457 of 2007 -2- did not prefer to file counter affidavit in this writ petition. As already noticed herein before, as per the interim order dated 01.2.2007, this Court ordered that in case the 5th respondent is not having any licence under Rule(6) of the Rules, the 5th respondent would not bury or burn any corpse in the properties covered by document No.1176/06 of Edakkara Sub Registry. In view of the fact that despite such an order passed by this Court as early as on 01.2.2007, the 5th respondent did not choose to enter appearance and file counter affidavit and contest the matter, I am inclined to dispose of this writ petition making the above interim order dated 01.2.2007 to the extent it orders that, if the 5th respondent is not having any licence issued under Rule 6 of the Kerala Panchayath Raj (Burial and Burning Grounds) Rules, 1998, he will not bury or burn any corpse in the properties covered by document No.1176/06 of Edakkara Sub Registry, absolute. Accordingly, this writ petition is disposed of. Sd/- C.T. RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK