IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2253 of 2009(R) ------------------------- PETITIONER(S): --------------- KURIAN SCARIA , AGED 56 YEARS, S/O.SCARIA, RESIDING AT PUTHIYA PURAYIDATHIL HOUSE, MURUKADY PO, KUMILY, DISTRICT IDUKKI. BY ADV. SRI.SIBY MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HEALTH, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, PAINAVU,IDUKKI DIST. 3. THE DISTRICT MEDICAL OFFICER, IDUKKI, PAINAVU PO, IDUKKI. 4. THE EXECUTIVE ENGINEER , PWD (ROAD DIVISION,) PAINAVU, IDUKKI DIST. 5. KUMILY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KUMILY, IDUKKI DIST. ADV. SRI.S.SHANAVAS KHAN FOR R5 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 2253/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REPRESENTATION DTD.12.2.09 TO R2. P2. COPY OF THE -DO- TO R4. P3. COPY OF THE -DO- TO R5. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.2253 of 2009 ================== Dated this the 2nd day of February, 2009 J U D G M E N T The petitioner has filed this writ petition with a complaint that the 5th respondent Panchayat is establishing a cemetery without obtaining a licence as provided under the Kerala Panchayat Raj (Burial And Burning Grounds) Rules, 1998. The learned counsel for the 5th respondent submits that the cemetery in question would be established only after obtaining a licence. At the same time, he admits that preparatory to establishment of the cemetery, certain works like construction of a compound wall and levelling of the ground are being undertaken. I am not satisfied that the Panchayat can, in anticipation of a licence, spend public money on the cemetery in so far as if ultimately the District Collector refuses licence, the entire money spent would go waste. As such, I am of opinion that the Panchayat shall not undertake any further work in the property in question before actually obtaining licence. Accordingly, this writ petition is disposed of with a direction to the 5th respondent not to spend any money for construction of the cemetery except after obtaining a licence from the District Collector as provided under the Rules. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2