IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 2591 of 2008(H) -------------------------------- PETITIONER(S): --------------- SAMUELUKUTTY M.R., MOOZHIKKAL HOUSE, PAZHAVANGADY VILLAGE, PERUVELY MURI, CHELLAKKADU P.O., RANNI. BY ADV. SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): --------------- 1. RANNI PAZHAVANGADI GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PAZHAVANGADY P.O.,RANNI. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. CIRCLE INSPECTOR OF POLICE, RANNI, PATHANAMTHITTA DISTRICT. 4. ST. JAMES CSI CHURCH, REP. BY ITS VICAR, PERUVELY,CHELLAKKADU P.O.,RANNI 5. P.J. PEELIPOSE (TRUSTEE, ST.JAMES CSI CHURCH), C/O. DANIEL P.S., KALLISHERRI HOUSE, CHELLAKKADU P.O., RANNI. ADV. SRI.K.K.JOHN FOR R4 & R5 SRI.ASISH K.JOHN FOR R4 & R5 SRI.C.RAGHAVAN FOR R1 SRI. JACOB P. ALEX. GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2591 of 2008 EXT.P1: COPY OF SALE CERTIFICATE ISSUED BY the LAND TRIBUNAL ON 30.7.1973 IN FAVOUR OF PETITIONER'S FATHER RUBEN. EXT.P2: COPY OF PATTA BEARING NO.LA 51/78/PVDY DTD 16.02.1979 ISSUED IN FAVOUR OF PETITIONER'S FATHER. EXT.P3: COPY OF APPLICATION SUBMITTED BY THE PETITIONER ON 26.11.07 UNDER THE RIGHT TO INFORMATION ACT. EXT.P4: COPY OF THE REPLY BEARING NO.C1/432/07 DATED 01.12.2007 RECEIVED BY THE PETITIONER. EXT.P5: COPY OF PHOTOGRAPHS SHOWING THE PETITIONER AND HIS FAMILY MEMBERS STANDING BEFORE THEIR HUT AS WELL AS A PHOTOGRAPH SHOWING THE PETITIONER'S HUT AND THE FORCEFULLY ANNEXED PORTION FOR THE BURIAN GROUND. EXT.P6: REPRESENTATION DATED 4.1.2008. R4'S EXHIBITS EXT.R4(a): COPY OF SALE DEED NO.2867 OF 1977 OF RANNI S.R.O. DATED 9/11/1977 EXECUTED BY THE PETITIONER'S FATHER IN FAVOUR OF DAIVA SABHA. EXT.R4(b): COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER AND SIX OTHERS DATED 5/5/2001. EXT.R4(c): COPY OF THE RELEVANT PAGES OF BURIAL REGISTER MAINTAINED IN THE FOURTH RESPONDENT CHURCH. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2591 OF 2008 ---------------------------------------- Dated this the 6th day of November, 2008 JUDGMENT The petitioner has filed this writ petition challenging the action of the 4th respondent in burying dead bodies in the property covered under Survey Nos.790/22 and 790/22/69 (Re.Survey No.117/8) in Block 10 of Ranny-Pazhavangadi Village without obtaining any licence as provided under the law. 2. The 4th respondent has filed a counter affidavit stating that in view of the provisions of the Kerala Panchayat Raj (Burial and Burning Grounds) Rules, no licence is necessary, since there is a deemed licence in respect of burial grounds, which were in operation prior to the introduction of the Rules. According to them, this burial ground was in existence from time immemorial, although the number of burials were few. 3. I have considered the rival contentions. 4. Under Rule 4, when there is a dispute as to whether the burial ground was in existence prior to the introduction of the Rules, it is for the District Collector to consider and pass orders W.P.(C)No.2591/08 2 on the same. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to consider the matter and pass appropriate orders thereon as contemplated under the Rules as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to all concerned including the petitioner, as well as respondents 1, 4 and 5. The petitioner shall file an appropriate petition in this regard before the District Collector along with a certified copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.2591/08 3